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December 28, 2022 Source: "China Social Sciences" December 28, 2022 Total Issue 2561 Author: Du Jian

"Degree Regulations of the People's Republic of China" (hereinafter referred to as the "Degree Regulations") is the first education law in New China,To promote education development、Scientific and technological progress、High -level talent training has made significant contributions。With my country's higher education reform and development,The Degree Regulations must make changes to keep pace with the times。The Standing Committee of the 13th National People's Congress will revise the "Degree Regulations" into the legislative planning and 2022 Legislative Work Plan。Where,Degree award standard is the key issue in the revision of the Degree Regulations。On the one hand,Set a scientific and reasonable degree award standard,It is conducive to improving the quality of self -cultivation of talents,Cultivation of newcomers in the era of the rejuvenation of the people。On the other hand,In recent years,The school's prosecution incident is increasingly increased by the school because the school is not awarded or revoked a degree,The root cause,All are stipulated by the degree award standard、Understanding、Settings trigger,Determination of the degree award standard can effectively alleviate the school's relationship,Protect students' vital interests。

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Non -academic standards are confusing。Degree is an important scale for evaluation of academic level,The degree system originated from the Middle Ages Teachers' Association,At first as a knowledge level or occupational access certificate,Those who obtain a degree have a free teaching qualification。early 19th century,The University of Berlin, Germany reforms the degree system,Putting "scientific research" and "professional ability" as the basic bet365 best casino games function of the university。to this day,Whether it is Germany, France, and other countries that pursue the national degree system,Or is the British and American countries adopting a university degree system,Degree award standards, in addition to meeting the "scientific research level" and "professional ability" academic requirements,There must be no plagiarism、Fraud and other academic misconduct。In recent years,In terms of degree award standard,The state emphasizes "academic is the core of degree",Emphasize Chinese characteristics,Requirement of the degree system must fully implement the party's education policy,Implement the fundamental task of Lide Shushu,Consciously practicing the "Four Service",A single academic standard is obviously difficult to comprehensively evaluate the degree applicant,"Degree Regulations" has shown lagging、disconnection、Don’t adaptability。

Self -setting of the Standard for the Standard for Unknown。The school's self -set grant standard lacks clear legal basis,"Interim Implementation Measures for the Donencies Regulations of the People's Republic of China" (hereinafter referred to as the "Interim Effective Implementation Measures") Article 25 authorized the school to authorize the school to "formulate the work rules for the degree awarded by the unit",The above provisions exist in authorized unknown defects。This defect can be confirmed from the judgment opinion of the Supreme People's Court,In the "He Xiaoqiang Case",The Supreme People's Court recognizes that Huazhong University of Science and Technology can create a standard of granting for degree award,It is affirmed that it will add level 4 of English to the legal effect of the standard grant standard。and in the "Ganlu case",The Supreme People's Court has denied the creation of Jinan University to copy the course papers as a degree awarding elements,Think that the school obtained the right to interpret the standard of the degree awarding bet365 Play online games standard in accordance with the "Interim Implementation Measures",Only detailed regulations on existing standards。Universities continue to explore in the practice of school governance school,Peking University from the training plan、Exam Course、Foreign Language、Degree thesis, etc.,University of Science and Technology of China from credits and grade requirements、Foreign language level、Academic Papers、Graduation thesis, etc.,Set degree award specific standards。When formulating the "Degree Law",It should be summarized to condense some universities' self -set standard experience exploration,Clarify the reasonable border of the school's self -set degree awarding standard。

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Double standard system for academic and non -academic and academic。When formulating the "Degree Law",The academic and non -academic dual standard system granted by the degree should be stipulated。First,From the Legislative purpose of the Degree Regulations,Establishment of a degree system is to ensure the quality of talent training,Transfer socialist builders and successors for the country。Degree award is a key part of talent training,Its standard settings must cultivate students' ability to "scientific research" and "responsible for specialized technology",You must be red and special、Talent both。Next,Return to the legal specification itself。Article 2 of the Degree Regulations is politics to the degree applicant、Pin line、The principles of non -academic standards such as law discipline,This explanation also has policy support,"Notice on Doing a Fresh Graduate Graduate Graduation Bachelor's Degree Preparation" clearly stipulates the politics of the degree applicant、Moral、Standards in French Discipline。Last,Examiner's degree legislation。British and American ordinary law countries do not have a unified degree legislation,School independently formulate bet365 live casino games award standard,This standard contains not only academic standards such as completing courses,It also includes no "illegal、Disciplinary and immoral "non -academic standards。The country of the mainland law generally establish a degree award standard through frame legislation and school's self -determined regulations,Usually includes affirmative elements -way of legitimate and legal,and negative elements -must not have plagiarism, such as plagiarism, etc.。

Legal setting of academic standards。The "Degree Regulations" and "Interim Effective Implementation Measures" did not make clear stipulation on the scope of the matters of academic standards。When the school formulates the work rules,It is usually posted a certain number、Grade academic papers and language requirements are included in the scope of academic standards for the degree award。Judicial presentation of "full acceptance" and "limited recognition" completely different trial attitude。Foreign Master、Academic standards for doctoral degrees mainly include two major elements of degree papers and curriculum scores。When formulating the "Degree Law",Legislative positioning of "Basic Conditions for Academic Standards" should be clearly set,At the same time,The scope of academic standards is limited to the dissertation and curriculum credits。Select in the form of legislation,Framework legislative mode,Different emphasis on measuring the academic ability of the applicant applicant through quantification indicators,Aid "Double Blind" review、Thesis sampling and other systems,Strictly control the quality of the degree award。

"Explanation instead of creation" is the mainstream view of the school's self -set degree awarding academic standards,This logic conforms to the spirit of authorization legislation,But ignore the practice practice of the degree system,It is also helpless to achieve the target of the standard change of degree award -face the difference、Improve bet365 Play online games quality、Demonstrate features。So,When giving school self -determined academic standards,It should be further clarified that its existing right to interpret and creation。But the school's exercise of academic standards self -creation should accept legal regulations,On the one hand,Reasonable self -setting items。School self -setting academic standards must not break through the boundary of academic autonomy,For example,Clamping paper strips related to the content of the exam as a negative element for academic standards,Although it helps to correct the wind school,But it does not meet the "social standard academic standards" cognition。On the other hand,Self -setting Scope of Application。The school must not set the basic conditions below the national legislation,can only set up higher levels of academic standards,Standards for "excellent" or "good" as a judge degree,The school can link the "Thesis Published ''‘ Application Skills Certificate ’, etc.” with the excellent level of degree。This scheme is also realistic,According to national requirements,Since 2016,The degree certificate is designed and printed by the school by itself,School can be based on the actual academic ability of the degree applicant,Lamed on the degree certificate、Good、Excellent level。

Legal setting of non -academic standards。When formulating the "Degree Law",The degree should be set uniformly to grant non -academic standards,and stipulate that colleges and universities must not add other standards。According to the "Degree Regulations" and other relevant laws and regulations,Non -academic standards mainly include politics、Moral、Discipline and other content。"Regulations for Student Management of Students for General College" (hereinafter referred to as the "Regulations") and the relevant terms in the school rules and school discipline are politics、Moral、The carrier of the law of law,Violation of the Regulations and the Disciplinary Action of the School Studies Bet365 lotto review and Council is the most intuitive reflection of students' violation of the above non -academic standards。Sworing summary,There are two main types: First, because of fighting and fights、Outside school cohabitation and other violations of daily management specifications are subject to disciplinary sanctions; the second is to make fakes due to fraud、Academic incompetence and other violations of academic management specifications are subject to disciplinary punishment。It will violate daily management specifications and suffer from legal basis for disciplinary sanctions to be linked to not granted degrees,and the principle of incorrect connection with violations,It is a random setting in nature。When formulating the "Degree Law",The scope of "maximum non -academic standards" should be strictly limited in severe violations of academic management norms。Of course,This setting should also include an exception -the case that violates the daily management specifications that is expelled from the discipline of student status。

Article 17 of the Degree Regulations,For a granting degree,If there are frauds for fake and other circumstances,Can be revoked,But this article is too simple。There are regulations for reference in existing legislative specifications,my country's "Education Law" lists "Cheating、Play、Plagiarism and other fraudulent behaviors "and other two degree cancellation conditions,"Opinions on Strengthening the Construction of Academic Ethics and Academic Standard in Degree Agreement" lists four kinds of fraud to make pseudo -behavior in four kinds of fraudulent results "。When formulating the "Degree Law",In the principle of legislative,Should adhere to the combination of education and punishment、Penalties are quite principles,That is, the legitimate setting of non -academic standards should be strictly limited in the field of "severe" violations of academic management norms。In the legislative mode,Bet365 lotto review The legislative mode of "summary+list" can be adopted,On the basis of the "Degree Regulations" existing general legislation,Through the "model" or "item" in the legal provisions, the above legislative specifications are listed in the form of special legislation to confirm。

 (This article is the logic and path of the "double first -class" construction of Anhui universities under the perspective of the general project of Anhui Social Science Planning in Anhui Province (AHSKY2021D43)

(Author Unit: Development Planning Office of Hefei University of Technology)

Editor in charge: Chen Jing
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