高校取消考试作弊学生学位的法理探讨

On Legal Theory of Stripping Cheating College Student of Degree

在校大学生只要达到法定要求,就依法享有申请获得学位的权利。为学生授予学位是高校在法律法规授权下作出的一种行政行为,应当符合相关规定,并遵守行政法的基本原则。高校因学生考试作弊而不授予其学位不符合行政合法性原则和行政合理性原则。应当采取适当的方法解决这一现实问题。

Conferring the academic degree to students is a kind of administrative behavior authorized by law, which should meet the related rules and comply with the principle of administration law. College students possess the right of gaining the degree by law as long as they meet the legal requirement. That college refuse to confer degree to students who cheated in examination is an illegal behavior of violating the principle of legitimacy and rationality for. The related lawmaking sec- tion should take measures solve this problem as soon as possible.