DOI Number:10.13397/j.cnki.fef.2022.03.009
Journal:Fudan Education Forum
Key Words:degree awarding behavior; legal regulation; degree awarding in advance; degree awarding dispute
Abstract:How to legally regulate the behavior of degree conferring in colleges and universities has become a core concern to students, colleges, and courts, which corresponds to the final realization of the right to obtain degrees, the internal logic of degree conferring standards, and the de-formalization of judicial judgments. By reviewing 134 degree-granting cases published by courts at all levels in China, the behavior of not granting degrees is the main type of current dispute, and this formalized review mode gradually makes degree-granting behavior escape from legal regulation. In order to achieve a balance between the autonomy of colleges and universities and the right to obtain degrees, the degree-granting behavior must follow the relativistic legal reservation. The degree awarding behavior with the nature of the infringement, limited discretionary space, and increased obligations should be included in the scope of reservation. It is also necessary to build a multi-level legal regulation system to clarify the application of the degree-granting postponement or in advance, and also the linking mechanism between the degree awarding and the degree revocation system.
Note:CSSCI来源期刊、北大核心
Indexed by:Journal paper
Discipline:Law
Document Type:J
Issue:3
Translation or Not:no
Date of Publication:2022-05-20