Research On Judicial Review Of Degree Awarding In Colleges And Universities In China

Since the Supreme People’s Court issued guiding cases for administrative litigation in universities,it has opened a precedent for universities to be able to serve as defendants in administrative litigation.Since then,university degree awarding disputes have emerged in an endless stream,which reflects from a lateral perspective that there are many contradictions and disputes between the degree awarding unit and the degree applicant in the university degree awarding behavior,leading to the ultimate path of judicial confrontation between the two sides.Therefore,studying the judicial review of university degree disputes is of great significance for university degree awarding.This article focuses on the issue of judicial review of university degree awarding disputes.By sorting out the institutional form and classification of degree awarding in China’s universities,it is believed that the current degree system in China seeks a balance between national administrative power and academic autonomy,adopts a limited review approach in judicial review of degree awarding,and constructs a theoretical framework for judicial review of degree awarding;On this basis,an empirical study is conducted on the cases of judicial review of university degree awarding in China,and the focus and characteristics of current disputes in judicial review of university degree awarding in China are analyzed.The article turns to analyze the prominent issues that courts have in the judicial adjudication process of university degree awarding cases,including the inconsistency between the standards and methods of judicial review,the inconsistency of judicial review results,and analyzes the reasons for the problems from the aspects of degree awarding inconsistency,judicial review attitude,and so on.On this basis,the paper puts forward feasible suggestions on the issues arising from the judicial review of university degree awarding disputes.It believes that China’s courts should adopt a limited review approach in judicial review,focusing on the autonomy of university degrees,and conduct judicial review.It also puts forward several suggestions from the state,universities,and other subjects.I hope to promote the improvement and development of the theory of academic degree adjudication and the rules of academic degree awarding system in China’s universities through the study of judicial review of academic degree awarding.