Reflection Of The Degree Of Judicial Practice Based On Legislation

With the continuous enhancement of the acceleration of the process of China’s rule of law and individual rights, according to the idea of running in-depth management of higher education degree. Since the late1990s, granted by the college degree education administrative disputes caused by the action of an endless stream of judicial intervention in the status quo is not satisfactory. This paper on the China’s Degree legislation reflection from the point of view of judicial practice, on the basis of the results of original research at home and abroad, relying on the "Law on Higher Education of the People’s Republic of China, the People’s Republic of China on Academic Degrees","University Student Management "and many other degree substantive law, starting from defining the legal status of colleges and universities as well as the legal relationship between the students, the meaning and legal nature of the university degree-granting comprehensive combing and analysis. The same time, China’s university degree granted to the management of the status quo, a comprehensive assessment of the degree-granting system, and gradually found to solve our academic degree evaluation, degree-granting exist in the work of administrative law theory and operation problems, and put forward some of the Improvement of Undergraduate degree-granting good ideas. Aim of achieving from all walks of life a deeper knowledge and understanding of this system, an administrative law angle reference for China’s degree in legislative decision-making department, to promote the new "degree" or "degree amendments to the Ordinance promulgated as soon as possible, so that "according to law school to the letterThe papers will be mainly used to integrate theory by practice, careful analysis, the fact cast studies, the literature analysis and other research methods to explore issues related university degree-granting behavior discussed mainly consists of four parts:The first part is an introduction part of the literature review section, foreign representation theory, explain the background of this writing, writing purpose and meaning, as well as domestic and foreign literature review. That the legal relationship between universities and students with special powers factors administrative law relationship, in some areas there are also civil legal relations. And the distinction in relationships is the form of standard and de facto standard. The second part discusses the development and evolution of the degree legislation in China. The third and the fourth part is the main part of this article, the third part of the case for clues, through legal analysis of academic and non-academic degree dispute for the two categories, highlighting the university degree-granting behavior controversial reason:academic degree evaluation unclear functions, award procedures less standardized, to grant different standards, confusion degree-granting disciplinary relations, as well as the rules and regulations in violation of the higher-level laws. Pointed out that the focus of controversy is essentially two power point to colleges and universities:academic evaluation authority and school management powers. The fourth part of the case analysis, discusses the role of judicial practice to improve our degree.