许可与授权:论学位授权审核法律性质的双重性

Licensing and Authorization: On the Dual Legal Attributes of Degree Authorization System

学位授权审核的法律属性存在"授权说"和"许可说"两种理论主张。传统"授权说"趋于式微;新近"许可说"逐步占据主导地位,并推动学位授权审核制度的许可化改造。"授权说"和"许可说"都不足以全面揭示学位授权审核法律性质,但都从不同侧面揭示了学位授权审核的法律特征,因而又都具有一定的合理性。学位授权审核包括授权前的审核和审核后的授权两个行为环节,兼具许可和授权的双重法律属性。

There are two theories on the legal nature of degree authorization system: authorization theory and licensing theory. The influence of traditional authorization theory tends to decline, while the new licensing theory has gradually gained a dominant position, promoting the licensing reform of the degree authorization system. However, neither the authorization theory nor the licensing theory can fully reveal the legal nature of degree authorization system, but they both reveal the legal characteristics of the system from different aspects, thus both having certain rationality. Academic degree authorization system includes pre-authorization audit and post-authorization, which have dual legal attributes of licensing and authorization.