重庆高教研究2025，Vol.13Issue(5)：25-35,11.DOI:10.15998/j.cnki.issn1673-8012.2025.05.002
学位争议中学术自治事项的实质审查
Substantive Review of Academic Autonomy in Degree Disputes
摘要
Abstract
The implementation of academic evaluation and the formulation of academic standards for degree conferment belong to the scope of academic autonomy in universities.In disputes over degrees,courts generally adopt a formal review rather than a substantial review,and apply the judgment of revocation and reissuance rather than the judgment of performance,which directly orders universities to confer degrees.Some universities that have lost part of the lawsuit often reissue decisions with the same content as the original resolution through correcting procedural defects,thereby causing a procedural vacuum in judicial review.The theory of the intensity of judicial review,the theory of the inherent boundaries of academic freedom,etc.,indicate that academic autonomy should not be exempt from a certain degree of substantial review,otherwise it will lead to a reduction in the right to education of the parties.These theories also provide specific guidance for the substantial review of courts.For academic evaluation,courts should apply the judgment of revocation and reissuance based on the principle of fairness in academic judgment when there is obvious bias,suppression,or retaliation in the academic evaluation of universities,and when the academic judges do not have professional competence.Based on the similarities and differences between copyright infringement and academic plagiarism,if the focal point of the dispute belongs to the category of copyright infringement,the court can make a substantial judgment on the issue of plagiarism within the scope of copyright infringement,and apply the judgment of performance when the university's determination of plagiarism is not established.For academic standards,courts should use the principle of prohibiting improper connection to review whether there is a substantial connection between academic standards and a specific major,and apply the judgment of performance directly when there is no substantial connection.They should use the proportionality principle to judge whether the academic standards have imposed excessive requirements on students,and apply the judgment of revocation and reissuance when the academic standards significantly violate the principle of proportionality,and the judgment of performance when the academic standards slightly violate the principle of proportionality.关键词
学术评价/学术标准/实质审查/司法审查强度/判决形式Key words
academic evaluation/academic standards/substantive review/intensity of judicial review/judgment form分类
社会科学引用本文复制引用
刘旭东,顾赵丽..学位争议中学术自治事项的实质审查[J].重庆高教研究,2025,13(5):25-35,11.基金项目
国家社会科学基金教育学青年项目"中国教育法典编纂的空间与路径研究"(CAA240251) （CAA240251）
