Judicial Application of the Principle of Proportionality in Degree Dispute Cases
The research on the judicial application of the principle of propor-tionality is limited to the traditional administrative law issues,and insufficient at-tention has been paid to the educational administrative litigation,especially the degree dispute cases.The introduction of the principle of proportionality in the handling of degree disputes has a certain legitimate foundation,which can provide a theoretical approach to the resolution of degree disputes and also help to highlight the practical value of the principle of proportionality.Through the typo-logical analysis of typical cases,it can be found that the judicial application of the principle of proportionality in degree disputes reflects certain special features,both in terms of degree categories and trial procedures,and in terms of applicable circumstances and court judgments.The lack of legal norms,the narrow interpre-tation space,the lack of unified procedures and standards,and the lack of case guidance system are the main dilemmas in the judicial application of the principle of proportionality.In this regard,the judicial application of the principle of pro-portionality can be better promoted by improving the legislation,expanding the interpretation space,establishing unified application standards,and establishing guiding cases.
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