Research On Administrative Cases Of Degree Revocation

Since the "Tian Yong Case" first initiated judicial review to intervene in the administrative disputes of higher education,the number of disputes between the educated and the school has been increasing,and degree revocation disputes account for a significant portion of such disputes.A degree is an essential credential for an educatee’s educational level,academic level,and professional skill level,which is related to the educated person’s major rights and interests such as job hunting,promotion,honor,and life after graduation.Needless to say,once the degree obtained by the educated person is revoked,the above-mentioned rights and interests related to the degree will also be adversely affected.Moreover,students manged by school are on the relatively weak side.If the university decides to revoke the degree obtained by the educated according to unclear fact-finding or improper application of law or disregarding the due process,it will cause irreversible harm to the educated.Judicial practice shows that the focus of disputes in administrative litigation cases related to degree revocation into the following three points.Firstly,what should degree-granting institutions depend on when exercising the right of degree revocation.Secondly,how to identify "fraudulent fraud" stipulated in Article 17 of the Degree Ordinance.Thirdly,how to identify the due process of degree-granting institutions when exercising the right of degree revocation.In practice,there is considerable controversy over how the degree-awarding unit chooses the standard for applying the norms.During the judgement of the degree-awarding unit exercising the right of revocation,the court should accurately apply the law and explain the specific articles,paragraphs and items cited from the law.However,on the issue of how to determine the due process standard in the exercise of the right of revocation of degrees,the courts have different views.Some courts believe that the degree-granting unit should hear the statements and defenses of the educated before the decision is made,while others believe that the degree-granting unit can be identified to have followed due process as long as it hears the statement and defense of the educated at the investigation stage or at any other stage.Through the analysis of the court’s adjudication views and relevant legal provisions,it is suggested that in the matter of applicable law,the judicial authority shall review whether degree-granting institutions are correctly apply the law when exercising the right of degree revocation,and shall apply different types of laws in terms of different reasons for degree revocation.Meanwhile,degree-granting institutions should refer to the law accurately and avoid making the decision illegal.In the matter of the procedure for exercising the right of degree revocation,in addition to complying with legal procedures,the degree-granting institution should also strictly abide by the due process when exercising the right of degree revocation,so as to fully protect the rights of educatees.In the matter of the identification of "fraudulent fraud" stipulated in Article 17 of the Degree Ordinance,degree-granting institutions shall accurately identify and correctly apply the law when exercising the right of degree revocation according to the reasons for the revocation.