国家与社会组织对留学文凭的共同监管——以民国时期的汉密尔登文凭案为例

On Governmental and Social Co-Regulations of Oversea Diplomas:A Case Study of Hamilton Diploma in Republic of China

近代社会转型急需大量的法政人才,在国家与社会共同推动下,留学日本及欧美的法政学生激增,"野鸡大学"、"速成班"与函授大学大行其道,贩卖"汉密尔登"假留学文凭猖獗。近代国家采取多项举措应对,取得一定效果,但无法从根本上杜绝这种假冒现象。国家授权包括律师公会在内的社会组织参与监管,但在南京国民政府以前仅流于形式。南京国民政府建立,国民党政府改变了以往"司法不党"传统,对律师公会进行了改组,提高了社会组织参与治理的能力与积极性。在国家与社会对留学生文凭共同监管中,上海律师公会发挥了主导作用,相关国家机关不仅切实地配合了留学文凭监管,而且改变了传统社会治理方式,激发了社会组织活力。通过国家与社会组织的共同监管与治理中的良性互动,有效地治理了近代留学生文凭的泛滥与假冒现象。

The social transformation brought about great need for legal and administrative professionals.With the joint efforts of the government and society,the number of students studying in Japan and Europe grew rapidly.Under these circumstances,'diploma mill ','crash courses',and correspondence schools were marching ahead,and the sales of Hamilton Diploma were rampant everywhere.Although the modern government had taken various measures upon these problems,the spread of those diplomas was curbed,but not eradicated.The government authorized social organizations such as lawyer union to regulate,but only to become formalistic before Nanking government period.During the Kuomintang period,Nanking government changed the tradition of party-free legal system,and reorganized the lawyer union,and improved their involvement and ability in social affairs.Under the governmental and social regulations in diploma problem,Shanghai Lawyers' Association played a dominant role and relevant governmental departments played a cooperative role.They jointly changed the traditional ways of regulation,and activated social organizational ability.Through the positive interactions between government and social organizations,the rampant spread of oversea diplomas was effectively eradicated in modern period.