The Value Connotation,Problem Identification,and Normative Approach of the Due Process System in the Academic Degrees Law
The due process system of the Academic Degrees Law has reversed the pattern of degree legislation that emphasizes substance over procedure,providing a bottom line guarantee for student rights,regulating the degree management power of universities,and providing judicial guidance for courts.The process content of this system is not yet sound,and there is no attention paid to the difference between not granting degrees and revoking degrees.The clarity of some rules needs to be improved.The improvement of the due process system in the Academic Degrees Law includes three aspects.Firstly,mechanisms such as hearing,recusal,and peer review should be introduced to improve the process content of due process.Secondly,setting stricter voting standards and revocation periods for degree revocation to avoid the negative impact that illegal degree revocation may bring to society.Finally,to enhance the clarity of the rules,including the acceptance of academic review and degree review should adopt the standard of formal review or unconditional acceptance.The degree evaluation committee and the student appeal handling committee should be respectively treated as the processing departments for the two types of review,clarifying the ultimate effectiveness of the two types of review decisions within the school,and making the review process to be the prerequisite for administrative review and administrative litigation.
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