Legal Issues Related To The Degree-awarding Standards

China implements the national degree system,and degree-conferring units can exercise the right to formulate standards for degree awarding conferred by the state,formulate specific standards for degree awarding,and ensure the quality of degree awarding.However,now there are some new legal problems in the formulation,implementation,supervision and relief of degree awarding standards,which need to be solved urgently.In this regard,all parts of the legal problems related to the degree awarding standards should be sorted out and summarized,and the overall operation logic should be fully presented,and then the best solution to solve the legal problems related to the degree awarding standards should be selected.The first part of this study describes the institutional system of degree awarding standards in China.Strictly define the relevant concepts of the degree awarding standards in China,clarify the administrative and educational attributes of the degree awarding standards;finally,analyze the relevant laws and regulations of the degree awarding standards in China and the standard documents of some degree awarding units.The second part of this study is to reveal the major legal problems existing in the use of degree awarding standards in China.Firstly,the current situation,causes of merit and the verdict,secondly,the legal problems in China,including the power boundary,content,operation procedure,lack of supervision and inadequate judicial relief.The third part of this study is the attribution analysis of the legal issues of degree awarding standards in China.First,the scope of authority of the degree awarding standard is unclear;second,the specific content of the degree awarding standard is more controversial;third,the formulation and review process is not yet clear;fourth,the implementation and supervision of the degree awarding standard is insufficient;fifth,the judicial relief procedures of disputes concerning the degree awarding standard are limited,which makes it difficult to solve practical problems.The fourth part of this study is about the institutional investigation and useful reference of foreign degree awarding standards.This paper describes the law system,system subject and content of the degree awarding standards in the United States and Germany in detail,discusses the judicial examination of the disputes over the degree awarding standards between the two countries,and proposes the enlightenment of the two national degree awarding standards to China.The fifth part of this study will improve the whole operational logic of the degree awarding standards with the legal thinking of "including the —— formulation and review procedure —— defines the supervision procedure —— to enhance the effect of judicial relief".The first is to clarify the authority to set degree-awarding standards through legislation,To clarify the institutions that formulate degree awarding standards and their responsibilities,scope of authority and formulation principles;The second is to reasonably define the contents of the degree awarding criteria,Including independent decision of content,specific content and the boundaries of such content;The third is to clarify the formulation and review procedures of degree awarding standards,The effective implementation of the principle of proper procedure;Fourth,to strengthen the supervision of the implementation process of the degree awarding standards,Clarify the audit content and audit procedures of the degree awarding,Establish and improve the internal degree awarding standard supervision system;last,To enhance the relief effect of judicial disputes over degree-awarding standards,To ine and distinguish the intensity of judicial review in dispute cases of different degree awarding standards,To classify the review content of the degree-awarding criteria,We should also strengthen the normative and guiding role of guiding cases,Add the legitimacy of the on-campus degree awarding standard documents from the source.