高校学位授予权和自主管理权的冲突与平衡
The Conflict and Balance between Rights for Degree-granting and Autonomous Management in Higher Education Institutions
Abstract
近年来,因学位授予而引发的大学生与母校的纠纷案件不断进入人们的视野。法院在受理的过程中,除了对高校授予学位的程序依法进行审查外,对于因学术原因等实体性内容,往往以高校具有自主管理权为由,判定原告学生败诉。本文在对高校学位授予权和自主管理权进行分析的基础上,认为二者具有契合点并对如何平衡二者的矛盾提出了相关建议。 Many disputes about degree-granting between students and colleges and universities they had attended occurred in recent years.For these cases,courts would carry out investigations for procedural errors in degree-granting.However,in most cases,courts would decide that students lose the suits concerning academic issues in light of higher education institutions' right for autonomous management.Based on the analysis of higher education institutions' rights for degree-granting and autonomous management,the paper concludes that the two rights share some common grounds.It also gives some suggestions on how to balance the two rights.