The Basic System Of The Academic Cause

The theoretical discussion on revising the Regulations on Academic Degrees has arisen in recent years.In the discussion,which Academic Degree System to choose is one of the most controversial topics.This thesis is intended to interpret the academic degree system in China from the perspective of constitutional jurisprudence,to clarify its position in Constitutional Law and at the same time,to reveal the direction of constitutional changes behind it.Comprehensive research methods including legal dogmatics,historical analysis,comparative explanation and case study are adopted in this thesis.In the past 40 years,although significant achievement has been made in the research on the academic degree system,there are still some deficiencies.First of all,historical analysis is rarely integrated with realistic countermeasure in a single study.Secondly,legal hermeneutics method is absent in most of the documents available.Thirdly,some basic conceptions and terms remain to be clarified.When it comes to the legal nature of academic degree conferment,existing studies lay their foundations on the educational administrative law.Although a few scholars have already tried to broaden their horizon,for example,introducing constitutional jurisprudence into the research on the Regulations on Academic Degrees and academic degree legislation,the specific viewpoints and arguments remain to be discussed.In terms of academic degree conferment not only right but also power is concerned,so it is insufficient to study the Regulations on Academic Degrees and academic degree conferment merely from the perspective of right.Clarifying the connotations as well as their transitions of three basic conceptions,i.e.academic,higher education institutions and academic degree system,from the historical perspective,can lay the foundation for legal hermeneutics research of the academic degree system.Under the constitutional order of a rule-of-law state,in particular,in the context of the Constitution characterized by Chinese socialism,the academic degree system is not only highly correlated with a series of clauses of constitution but also closely related to the substantial connotation of the Constitution as a whole.Liberalism constitution and socialism constitution provide two different explanations for the academic degree system,which are individual liberty and public cause respectively.The department constitution theory,as a perspective or a methodology,have to be adopted in an attempt to interpret the academic degree system in constitutional jurisprudence.The Weimar Constitution,from which the department constitution theory originated,was deeply affected by socialism constitution and also brought about a new trend for constitutional development,where two different constitutional traditions(liberalism constitution&socialism constitution)converged.The dualism of fundamental rights(esp.objective law),which was established in German law after the Second World War,also reflects the compromise between liberalism and socialism and becomes the foundation of the contemporary department constitution in Germany.Although there are some differences between the constitution of China and its counterpart in other countries,constructing department constitution in China is also based on solid constitutional thoughts and norms,and it can help to meet the requirement put forward by rule-of-law practice.At least,basic national policies in the General Principles of the Constitution can join together with fundamental rights in the next chapter to pave the way for constructing the department constitution in China in a two-wheel-drive way.Based on the General Principles of the Constitution,with the same interpretation method as the academic freedom is deduced from the fundamental rights,the ’academic cause’,as a subordinate concept,can be deduced from the ’scientific cause’ in Article 20 of the Constitution.With a relatively independent status,the ’academic cause’ is a part of’public cause’ which focuses on the advancement of science and the improvement of technology.According to the national goal norms theory in Germany,it can be considered that the nature of the ’academic cause’ is a national goal in the constitution,in other words,the concrete expression of the basic task of the nation.When the ’academic cause’ in the Constitution authorizes the state to promote the development of academic cause for public interest,it also imposes such obligation on the state.Further more,institutional guarantee is necessary for the academic cause.Interpreting the Regulations on Academic Degrees by means of the Constitution,or otherwise,can strongly prove that the academic degree system is the basic system for promoting the ’academic cause’ in the constitution.In conclusion,adhering to and improving the national academic degree system is essential to promote the academic cause from the perspective of the constitution.