我国高校学位授权点撤销的法理探析

Jurisprudential Analysis on the Withdrawal of Degree Authorization Points of Universities in China

我国高校学位授权点撤销是具有行政和学术双重属性的行政行为。从行政属性上看,学位授权点撤销是政府对有限的学位资源进行集合、分配与维护的权力运行和监督活动,在行为类型上属于行政撤回,而非行政撤销或行政处罚,应当遵循行政法治基本原则;从学术属性上看,学位授权点合格评估是学术判断行为,学位授权点撤销作为评估的结果行为具有学术性。目前,学位授权点撤销存在权力配置不清晰、评估标准不明确、程序机制不健全等问题。为规范学位授权点撤销,有必要从主体、标准、程序三个维度进行法律规制,以保护高校合法权益,促进政府和高校关系的法治化,推进高校治理体系与治理能力现代化。

Withdrawal of degree authorization points of universities in China is an administrative act with both administrative and academic attributes.From the viewpoint of administrative attributes,withdrawl of degree authorization points is a power operation and supervision activity of the govermment to collect,allocate and maintain limited degree resources,which is an administrative withdrawal rather than administrative revocation or administrative punishment and should follow the basic principles of administrative rule of law.From the viewpoint of academic attributes,evaluation of degree authorization points is academic judgment,and withdrawl of degree authorization points as the result act of evaluation is academic in nature.At present,there are problems such as unclear allocation of authority,unclear evaluation standards and unsound procedural mechanism for withdrawl of degree authorization points.In order to regulate the withdrawl of degree authorization points,it is necessary to legally regulate it in three dimensions of subjects,standards and procedures,so as to protect the legitimate rights and interests of universities,realize the rule of law in the relationship between the government and universities,and promote the modemization of university govemance system and govermance capacity.