Jurisprudential interpretation and practical limits of The Academic Degrees Law's non-conferment of degrees tout de suite
Article 37(3)of The Law on Academic Degrees sets"(those with)the existence of other serious illegal behaviors during the study period should not be awarded a degree according to the law"as tout de suite clause,which maintains the openness of the legislation,but at the same time,it is easy to lead to the excessive degree of arbitrariness of the degree rules of colleges and universities,which triggers disputes over the protection of the rights of the students.Jurisprudentially,"not granting a degree"can be divided into academic and non-academic categories.But,because China's degree management system adopts the parallel mode of academic qualifications and degrees,a large number of non-academic cases are within the scope of this provision,resulting in insufficient clarity of the provision.This article aims to analyze the practical manifestations of the non-degree granting provision from the perspective of"legal interests",and problems such as lack of clarity that leads to the blurring of the boundaries of the provision's application,and at the same time raises the issue of imbalance between the rights of students and the power of degree granting,as well as the problem of over-protecting the public interest.The future"Regulations for the Implementation of the Academic Degrees Law"and related regulations should reaffirm the principle of legal reservation and enhance the clarity of the non-award of degrees provision,add due process provisions to balance the right to a degree with the power to award degrees,and observe the principle of proportionality to promote the balance of public and private interests behind the non-award of degrees.
degree lawnon-granting of degrees tout de suitereservation of lawdue processprinciple of proportionality
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