| In 1981,the promulgation of the Regulations of the People’s Republic of China on Degrees marked the formal establishment of China’s degree system,which makes that the qualification of degree awarding units,awarding standards and awarding procedures in China have been clarified.Since then,this document has contributed to the promotion of academic prosperity and talent cultivation in China a lot.However,in the process of practice,China’s degree conferment is faced with plenty of problems such as narrow connotation,ambiguous positioning of the system,unclear management authority and responsibility,as well as difficulty in certifying the legitimacy of conferment standards,which led to numerous disputes between universities and students on the degree work.After the Supreme People’s Court listed Tian Yong V.University of Science and Technology Beijing as a guiding case,how to efficiently solve the contradiction between the power of universities to confer degrees and the right of students to obtain degrees has become the focus of attention of many scholars.The existing degree dispute resolution mechanism in China mainly takes "complaint-litigation" as the main remedy,which presents the reality dilemma,for instance the lack of legal basis,narrow space for remedy and poor realization of remedy.As a non-litigation and formal alternative dispute resolution mechanism,educational arbitration takes the consent of both parties as the basic premise,and achieves the balance of interests of both parties with an independent third-party institution.Compared with the "complaint-litigation" dispute resolution mechanism,arbitration based on the agreement of both parties has the characteristics of cooperation and quasi-judicial.Meanwhile,it presents comprehensive advantages such as clear rules,flexible process,professional matters and effective ruling.By introducing educational arbitration into the field of degree disputes,the institutional and academic disputes faced with degree dispute resolution can be addressed and the risk of excessive intervention by public power can be avoided through the construction of equal and consensual relations,the establishment of a neutral third party,and the selection of experts in higher education and law.The arbitration mechanism in degree disputes field has the power of substantive review,and its decisions should be legally valid and compulsory,which is conducive to ensuring the effectiveness of remedies for both parties.Based on the legal theories of justice,contract and remedy,and in order to focus on the essential requirements and practical characteristics of arbitration in the field of degree disputes,the arbitration mechanism in this field should follow the principles of parties’ voluntary and consensual agreement,arbitration based on facts and laws,fair and reasonable arbitration and independent adjudication.In terms of institutional regulation,the arbitration in degree disputes field should adopt the institutional arbitration mode,promote the competition and cooperation of the adjudication or trial system and judicial review institution,clarify its scope of acceptance,institutions,agreements and effectiveness,so that it can build a harmonious atmosphere between universities and students.In terms of legal procedures,such arbitration need to follow the principle of procedural justice,complying with arbitration laws,education laws,and the public codes of arbitration institutions’ formal procedures.Third-party arbitration institutions strictly fulfill the corresponding obligations in application,acceptance,composition of arbitration tribunal,trial and award.This mechanism also has to provide the parts with a "transfer" way.As a new form of alternative dispute resolution mechanism in universities,the establishment and promotion of degree dispute arbitration needs to seek comprehensive safeguard—the innovation of remedy concept,construction of laws and regulations,expansion of support resources,improvement of external supporting system etc. |
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