The Research On Judicial Review Of Degree Revocation Behavior Of Colleges And Universities In China

The degree revocation is the act of the degree-granting unit to cancel the degree of the person who already holding the degree.Domestic research on degree disputes is relatively adequate,the current research on the degree revocation behavior of colleges and universities mainly focusing on the revocation conditions and nature for degree revocation.The research of China’s judicial review of degree disputes is not very mature.Most of the existing research on judicial review of degree revocation is based on specific cases,and the research conclusions are not universally applicable.There are many types of reasons for degree revocation,with both academic revocation reasons and non-academic revocation reasons.Among them,the types of non-academic degree revocation for colleges and universities in China are only one,which is admission qualification fraud.And the non-academic revocation reasons in the cases under judicial review are limited.China’s courts pay attention to procedural review and avoid physical review when reviewing degree revocation behaviors.Courts review the degree revocation behaviors of universities based on the principle of limited review.The judicial review of degree revocation faces theoretical dilemmas and practical differences.The theoretical dilemma is mainly that it is difficult to balance judicial review and university autonomy.There are mainly three practical differences.Firstly,there are different judicial review conclusions when the procedure of degree revocation is illegal.Secondly,whether plagiarism of academic papers can be one of reasons for degree revocation.Thirdly,the review criteria for rules and regulations within the school are difficult to determine.Fourthly,the conditions for the revocation of degree in Chinese universities are not clear.There are three reasons for the current status and dilemma of judicial review of the degree revocation in China.Firstly,legal provisions for degree revocation are incomplete.Secondly,there is no reasonable divisional review of degree revocation cases.Thirdly,there is no uniform set of judicial review standards for degree revocation.During judicial review,the court should use appropriate principles of administrative law to fill legal loopholes.To classify degree revocation,different judicial review principles and methods are applied to balance the tension between judicial review and university autonomy.Establish uniform judicial review standards for degree revocation to avoid situations where different decisions are made on the same issue.Finally,the problems caused by the lack of relevant laws and regulations on degree revocation can be resolved from the source of legislation.The first step is to stipulate the legal nature and types of the revocation of degrees,the second step to adopt different setting methods for academic and non-academic degree revocation conditions,the third step to Clarify the procedures for the revocation of degrees in China,the fourth step to stipulate that the school regulations of colleges and universities can be subject to incidental review.