论“学位法”修订的立法基础

On the Legislative Basis of Degree Law Amendment

大学学位和国家学位是学位制度发展历史中逐渐形成的学位制度形态。随着我国研究生教育的迅猛发展和各校教学质量参差不齐状况的凸显,国家学位制度的弊端引起了人们的关注,甚至有的学者建议通过学位法修订在我国实行大学学位制度。鉴于大学学位制度的特点与我国单一制国家形式、法律基础、国情等不兼容,学位法的修订应坚持沿用国家学位制度为立法基础,同时从主体权限、正当程序原则、学位授权审核机制等方面完善现有国家学位制度,既要提高学位含金量,也要其体现现代法治行政原则。

University degree and National degree is the academic degree system in the form of degree system in the history of evolving. With the rapid development of undergraduate education and the fact that uneven teaching quality of school education, malpractice national degree system aroused concern, and even some scholars have suggested a degree in law through amendments to the implementation of a university degree in our system. Given the characteristics of a university degree is not compatible with the system in the form of a unitary state, the legal basis, conditions, etc., the revised law degree should be insisted on sticking to the national degree system as the legislative basis, but require authorization from the principal permission auditing mechanisms, principles of due process, degrees, etc. aspects to improve the existing system of national degree, it is necessary to improve the degree of gold, but also embodied the principles of modern administrative law.