The controversies arising from the establishment of degree conferment standards and the rights to evaluate degrees in the case of Chai Lijie v.Shanghai University are both part of the degree conferment authority system.The fundamental reason lies in the need for universities'autonomy to balance national standard frameworks with the professional rationality of the academic community.Currently,the judicial practice of reviewing the legality of university regulations focuses on seeking framework regulations and authorization bases from national laws and regulations,while neglecting the relationship between the right to confer degrees,which is a fundamental constitutional right without legal reservation,namely academic freedom,and national legislation.This leads to judicial reviews deviating from substantial judgments on academic standards.As a carrier of constitutional academic freedom,the judicial review standards for university degree conferment should be based on the purpose and scope of academic freedom,examining the legality of requiring academic paper publication as part of degree conferment standards.
Chai Lijie casedegree conferment authorityacademic freedomacademic paper publication
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