Research On The Legal Regulations Of The Right To Revocation Of Academic Degrees In Chinese Universities

The Regulations of the People’s Republic of China on Academic Degrees promulgated in 1981 are an important symbol of the legalization of China’s degree system and promote the development of the degree system and education.However,over the past four decades,the level of China’s economic and social development has been continuously improved,and some of the contents of the regulations have inevitably lagged behind,and cannot fully meet the objective needs of the development of higher education.Especially in recent years,with the frequent occurrence of academic misconduct in colleges and universities,dissertation fraud incidents have emerged in an endless stream,the number of degree revocation dispute litigation cases between students and universities has also increased,which has caused an extremely adverse impact on the order of education and teaching in colleges and universities and the protection of students’ legitimate rights and interests,and has aroused widespread concern from all walks of life.In the social context of college degrees gradually having a strong symbolic significance,improving the legal system of college degrees,realizing the legal regulation of the right to revoke college degrees,and incorporating the right to revoke college degrees into the track of rule of law is conducive to promoting the further improvement of the national education legal system,promoting the standardization and legalization of the degree management system of colleges and universities,and promoting the modernization of the governance system and governance capabilities of colleges and universities.In this paper,the literature research method,the empirical analysis method,the comparative research method and the regulation analysis method are used to study the legal regulation of the right to revoke university degrees.The paper is divided into four parts:The first part is a theoretical overview of the right to revoke degrees in Colleges and Universities in China,including the concept,characteristics,legal nature and necessity of legal regulation of the right to revoke university degrees.In view of the fact that the legal nature of the right to revocation of degrees is not completely consistent in different circumstances and cannot be generalized,this article uses different types of discussions to characterize the right to revoke degrees in universities;The second part is to analyze the legislative status and implementation status of the right to revoke degrees in Colleges and Universities in China,to conduct in-depth research and discussion on the shortcomings of the legislative system,and to analyze the reasons for the failure of universities in combination with the typical cases of degrees that appear in practice,and to reveal many problems in the implementation of the right to revoke degrees in China’s colleges and universities.The third part is about the experience of legislative construction of the right to revoke degrees in universities outside the territory and its enlightenment,that is,to draw on the excellent experience outside the region in view of the problems existing in the implementation of the right to revoke degrees in colleges and universities in China,and apply its reasonable points to the legal regulation of the right to revoke degrees in colleges and universities in China;The fourth part proposes to improve the legal regulatory path of the right to revoke college degrees in China,that is,to improve the legal system,narrow statutory conditions,thin organizational system,lack of procedural norms,and poor remedies in the exercise of the right to revoke college degrees in China’ colleges and universities,mainly including: improving the legal system of the right to revoke college degrees,clarifying the statutory conditions for the right to revoke college degrees,building an organizational system for the right to revoke college degrees,optimizing the procedures for exercising the right to revoke college degrees,and smoothing the remedies for the right to revoke college degrees.In order to improve the legal system for the revocation of degrees in China’s colleges and universities and the legal system for degrees,it will be of benefit.