Research On Judicial Review Of Degree Revocation In China

With the rapid progress of information detection technology and the strictness of academic review standards,academic misconduct is more difficult to escape,and the number of degree revocation cases in China is increasing.As the last line of defense to protect the interests of citizens,judicature plays an irreplaceable role in protecting the interests of students.As the judicial review of "Yu Yanru v.Peking University" has aroused widespread concern,the problems in the judicial review of degree revocation have been exposed.Through the systematic analysis of the judicial documents samples of degree revocation cases,it is found that there are some problems in the judicial review of degree revocation in China,such as the uncertain scope of judicial review,the great difference of review intensity,the preference for formal review,the lack of review avoidance system and so on,We should absorb the advanced judicial review system and abolish the system of degree review,and improve the system of degree review.The scope of judicial review of degree revocation in China is uncertain,and it is difficult to guarantee judicial justice.The reason is that the legislative rank of degree revocation in China is low,the legislation is scattered and the provisions are vague,and the court is "at a loss" when conducting the review and application.It is necessary to systematically stipulate the elements of degree revocation in the coming "degree law",and to improve the stipulation of degree revocation in the draft of "degree law".Further clarify the reasons for academic misconduct and forgery of admission qualifications in the draft of the Law for soliciting Comments on Degree Law about the entity requirements of degree revocation,and improve the specific measures to guarantee the right of the revoked person’s statement and defense and the working mechanism between the academic degree evaluation committee and the sub-committee.At the same time,improve the investigation,notification,hearing and decision procedures of degree revocation.The main reason is that there is no systematic distinction between the behavior logic and legitimacy basis of the revocation of academic degrees,which leads to the court’s excessive discretion in the review.We should introduce the idea of type review,and take the academic nature of the revocation cause and the relevance with the degree award as the double standards There are four types of reasons for bit revocation:Academic correction,academic punishment,non academic correction and non academic punishment.According to their own behavior logic and the basis of legitimacy,set up the corresponding different intensity of the review mode.It is difficult to protect the legitimate rights and interests of the parties by relying on formal review in the judicial review of degree revocation in China.The reason is that the scope of academic autonomy in degree revocation is not clear,and the court avoids substantive review in order to avoid interfering in the academic autonomy of universities.The scope of academic autonomy of degree revocation is different from that of degree awarding.The judgment standard of academic autonomy of degree awarding established by the Supreme People’s court should not be applied directly.The judgment standard of academic autonomy in degree revocation should consider the direct correlation between academic nature and degree awarding,and the school rules that may reflect academic autonomy should be divided into two categories:academic nature and degree awarding It is necessary to clarify the court’s handling mode of all kinds of self-made school rules,and carry out substantive review on the premise of clarifying the scope of academic autonomy.In addition,the lack of avoidance review of degree revocation in China will affect judicial justice.The educational relationship between judges and universities is a special interest,which may affect the neutrality of judges.Therefore,it is necessary to evade the examination of those who may have educational relationship in degree revocation cases.Due to the particularity of degree dispute cases,it is not suitable to apply the challenge system of ordinary administrative litigation directly.We should include the challenge review into the scope of judicial review of degree revocation,establish the court as the main body of review,and take the avoidance review as the necessary procedure of judicial review of degree revocation cases.