On The Perfection Of The Procedure System Of College Degree Revocation

A degree is not only an academic title that reflects an individual’s academic level and education level,but also a yardstick to measure the quality and level of higher education development in a country.Exercise of the right to withdraw a degree requires extreme caution.Improving China’s college degree revocation procedure system is of great significance in regulating colleges to exercise degree revocation rights in accordance with the law,protecting the vested interests of degree recipients,and promoting the development of education,science and culture in China.Compared with the importance of the revocation procedure,China’s relevant legal provisions on the revocation procedure are slightly insufficient and vague.This article is a comprehensive application of text analysis and cases in the context of the "degree regulations"(enacted in 1981,first revised in 2004,unless otherwise specified,the 2004 revised version).Analytical methods and literature review methods focus on the problems existing in the degree cancellation procedure system and the countermeasures.The article first defines the relevant concepts of the degree revocation procedure system,and points out that the degree revocation procedure system is important in respecting student dignity and protecting students’ procedural rights;improving the administrative efficiency of colleges and universities;supervising the parties to exercise their rights in accordance with the law and maintaining college order.effect.Secondly,through the analysis method of "text + case",the status quo of China’s degree revocation procedure system is analyzed in detail.For many years,the legal and cultural tradition of focusing on the entity and neglecting the procedure and the lack of a unified national procedure for degree revocation have resulted in colleges having greater legislative autonomy,insufficient procedures for degree revocation,weak operability,and conflicts between departmental regulations..The current situation of procedural regulations between universities is quite different.It is concretely reflected in the incompleteness of relevant procedures and systems such as initiation,investigation,decision,explanation of reasons,service,and right relief.Finally,some ideas for improving China’s degree revocation procedure system are put forward.The regulations for improving the degree cancellation procedure system can be divided into two levels: macro and micro.The macro level is mainly to improve the system of degree revocation procedures in colleges and universities to follow the principle of due process,including the principle of openness of procedures,the principle of participation in procedures and the principle of timeliness of procedures.The micro-level mainly includes the initiation procedure,the investigation decision procedure,the service procedure and the right relief procedure.Specifically,the statute of limitations and investigation period must be clearly defined at the legislative level,a hearing system and an avoidance system must be established to effectively protect the parties’ right to information and participation.It is clearly stipulated in the decision link that the school’s degree evaluation committee is the final subject of the degree revocation.The meeting of the degree evaluation committee should be held with more than two-thirds(inclusive)of all members.The decision made by the degree evaluation committee and the number of participants Only two-thirds and more than one-half(inclusive)of all members can be passed.For the reasons and reasons for delivery,the degree revocation decision should be made reasonably,and those who cannot be delivered directly can choose other delivery methods.In terms of rights relief,it is necessary to establish a rights relief procedure before the school appeal,integrate the administrative appeal and administrative reconsideration mechanism,and if you are not satisfied with the school appeal decision,you can file an administrative reconsideration or administrative lawsuit;expand the scope of application of the current degree reapplication system Depending on the severity of the plot,different degrees apply for re-application for a ban period.In a nutshell,China urgently needs to take the due process as the basic principle and improve the legal cancellation procedure system at the legal level with sufficient protection of the rights of counterparties as the core.The main innovation of this article is to keep up with hot issues and analyze the procedural problems in the process of withdrawing degrees due to academic misconduct through the "norm + case" research method.It is concerned that legal regulations such as departmental regulations are Conflicts and other problems in the provisions of procedures such as relief;Secondly,the decision subject and the voting rules and procedures of the decision-making process are discussed,and finally,the preliminary idea of the construction of the degree reapplication procedure is proposed.