The Research On Right Of Degree-conferring In Chinese University

With the rapid development of legal construction and highereducation in China, the idea of school-running by law is deepening invarious fields of higher education, students’ awareness to safeguardrights and the desire of the autonomy to run school have formedincreasing tension and conflict. During the past20years, judicial disputesconcerning degree-granting occur one after another, legitimate interestsof degree applicants’ are constantly being violated, while universityacademic power cannot be guaranteed. The legislation of degree aboutthirty years ago, and the consequent degree management systemestablished under the centralized model, has been unable to adapt totoday’s developments and the situation. New connotation andadjustments should be added to the degree system established underthe planned economy.The Right of Degree-conferring will be analyzed from the viewpoint of administrative law, pedagogy and management. Based on thecurrent academic achievement, combined with substantive law, legal theory, educational theory and practical administration, the historicaldevelopment of the right to grant degree is analyzed, initially beingexclusive rights of universities then the process of state power, finallyback to the initial state, then the factors causing the alienation andregression of academic right are concluded. On this basis, the naturalconnotation and legal quality of Right of Degree-conferring areinvestigated. The legal origin and properties on degree authorization arediscussed, based on China’s substantial law on degree authorization andthe present situation of practice field. Therefore, power deconstructionon degree authorization is carried out. Academic Evaluation, which is itscore power, is constitutional rights and legal rights which is enjoyed byteachers, and is also the academic right owned by college students.While, the validation for academic evaluation results, namely the right toaward certification of degree is gained by universities to obtainadministrative power through approving school-running. Therefore, oncethe state approval to run a school was gained, a school’s qualificationlevel is determined, and it also won the right to grant the appropriatequalifications and degrees. The establishment of independentdegree-authorization makes the academic degree system of China transitfrom national system to school system naturally. To implementautonomy of legality of degree-authorization at colleges and universities,the problem concerning legitimacy must be resolved, including the independent authority for degree-granting at colleges and universities,academic degree system of schools and details on degree-granting.The boundary, main body operating mechanism and the interactiverelationship between administrative power and academic power shouldbe distinguished during the process of degree-granting. The plight of thecurrent substantive law, judicial and practical aspects is discussed. Theultimate goal is to bring out suggestions for China’s academic degreesystem and the idea to legislate ‘law of academic degree’, in order tomake ‘governing school by law’ and ‘academic freedom’ a harmonicco-existence, from the grass-roots of higher education.