关键词: 《学位条例》, 《学位法》, 学术自治, 学位法治, 良法善治

Abstract:

Since the Regulations on Academic Degree came into force in 1981, the innovation of degree policies, the systematic development of education laws and the judicial application of degree laws, to a certain extent, have overcome the shortcomings of the Regulations on Academic Degree, alleviated the contradiction between the limited nature of legislation and the richness of practice, and formed the road of development of the rule of law on academic degree with Chinese characteristics. Nevertheless, the construction of the rule of law of degree in China still faces many practical dilemmas and problems, such as the difficulty with effectively responding to the real demand of substantive resolution of degree dispute cases, the insufficient authority and stability of the interpretation and application of degree laws, and the difficulty of meeting the needs of systematization of the degree legal system. In view of this, there is a strong call for the formulation of the Degree Law on the basis of the Degree Regulations and a comprehensive revision of the degree legal system. Against the background of the enactment of the Academic Degree Law, it is necessary to reshape and innovate the national degree system, promote the balance between the rule of law and academic autonomy, state regulation and self-regulation, and enhance the status of the Academic Degree Law as an “Organic law”, “behavioral law”, “procedural law”, and “procedural law”. It enhances the attributes and functions of the Degree Law and constitutes the rightful meaning for China’s degree governance to move into a new realm of good law and good governance. It constitutes the attributes and functions of China’s degree governance towards the new realm of good law and good governance.

Key words: Academic Degree ordinance, Academic Degree act, academic autonomy, rule of law for academic degree, good law and good governance