Systematic Explanation Of Degree Revocation Conditions

In recent years,China's higher education has entered a fast lane,and colleges and universities have significantly improved the scale of teaching and the number of students.Higher education has gradually moved to the stage of popularization,and the education legal system has also gradually improved.With the expansion of the scale and number of higher education,disputes over degree cancellation such as "Chen Ying v.Sun Yat-sen University Degree Revocation Case","Yu Yanru v.Peking University Degree Revocation Case",and "Zhai Tianlin's Doctoral Degree Revocation Case" emerged,exposing higher education The problem of quality,the gold content of the degree and the trust of the society are greatly reduced.At the same time,many problems in the degree cancellation system have also aroused great concern in the academic circle.In the education legal system,the "degree regulations" is the first education law in China.It was formulated earlier.The legal provisions are not compatible with the rapid development of degree practice.The supporting statutory laws also make it difficult to provide comprehensive information on all aspects of degree revocation.Effective guidance.At the same time,there are large differences in the school regulations formulated and implemented by the universities themselves,which in practice leads to greater disputes between the degree-granting units and students at the legal application level of the degree revocation system.In order to standardize the exercise of the right to revoke degrees in colleges and universities,strengthen the construction of academic ethics and protect the legitimate rights and interests of students,the applicable conditions for degree revocation need to be clarified and systematically interpreted."Article 17 of the Regulations of the Degrees" stipulates:"The degree-granting unit may revoke the degree already conferred by the degree evaluation committee if it is found to have seriously violated the provisions of this regulation." This clause reveals the degree revocation Conditions include subject conditions(degree-granting unit),time conditions(for the degree already awarded),factual conditions(when found to be fraudulent or other serious violations of the provisions of these regulations),procedural conditions(reviewed by the degree evaluation committee)and including discretion The degree of power conditions(can be revoked).Because the subject and practice conditions are relatively clear,and the dispute is not big,but the application of factual conditions,procedural conditions,and degree conditions is facing great controversy.boundary.The article focuses on Article 17 of the Degree Regulations and places it in the framework of the educational legal system.It looks back and forth between the legal norms and judicial practice,combing from the three aspects of the legal system,judicial cases and university regulations,Try to explain the system text,and type empirical analysis through the case.First of all,on the dimension of the factual conditions of degree revocation,in view of the problem that the statutory factual conditions in the Degree Regulations are too abstract,colleges and universities should refine and concretize their connotations and extensions in the school regulations on the basis of the superordinate law.At the same time,the principle of legal reservation must be observed.With regard to the specific reasons for revocation,the author summarizes the three conditions of unqualified degree thesis,unqualified entrance qualifications,and improper academic morality by combing judicial precedents and cases of degree revocation and explains them one by one.Secondly,in terms of the degree revocation procedure conditions,the procedure conditions are the key to restrict the degree-granting units from legally implementing the right of degree revocation.The exercise of the right of degree revocation by colleges must conform to the provisions of the existing system and also follow the minimum of the principles of due process.To avoid internal favoritism,administrative participation,administrative disclosure and other aspects of internal procedures and norms.Clearly revoke the review mechanism and the revocation authority of the degree evaluation committee,requiring colleges and universities to focus on protecting the legal rights and interests of the counterpart,such as the right to know,the right to speak and the right to defend,and provide effective relief channels.Finally,in the dimension of degree revocation degree conditions,the fact that the degree revocation is illegal does not mean that the degree is inevitable,colleges and universities enjoy a certain degree of discretion.Based on the tension between the student's personal interests and the higher education order within the degree revocation,colleges and universities should conduct case-based behaviorist regulations on the cases,compare and judge the degree of violations,and handle specific issues as appropriate to achieve a balance of interests.The right to revoke the degree can only be exercised if the student seriously violates the law,and it needs to be tested by applying the principle of proportionality in administrative law.In summary,this article analyzes a large number of legal texts,judicial cases of degree revocation,university regulations and degree revocation cases without access to judicial channels,combined with the basic principles of administrative law,and analyzes the factual conditions,procedural conditions and degree conditions of degree revocation Carry out a preliminary systematic explanation,and try to propose a perfect approach with operability.