论《学位条例》修订中的关键问题

On the Key Issues in the Amendment of Regulation on Academic Degrees

《学位条例》修订应重点解决学位形态选择、学位授予条件设定、答辩委员会与学位委员会的职责关系、学位争议解决机制等问题。首先,基于国家学位形态的弊端,为落实国务院高等教育"放管服"改革要求,我国应实现由国家学位向大学学位变革。其次,大学学位之确立,意味着高校有权在国家设定的学位授予基本条件上增设附加条件,由此体现学位授予单位的办学特色。再者,答辩委员会与学位委员会的职责关系,则不应要求学位授予单位设分学位委员会,校学位委员会仅对答辩委员会之决议作形式审查。在此基础上,可将校学位委员会定位为校学术委员会下设的分委员会,在法律上理顺二者关系。最后,至于学位争议解决机制问题,应明确所有学位争议均可被纳入行政复议与行政诉讼,尤其应避免出现学生权利保护的真空。

The amendment of Regulation on Academic Degrees should focus on several issues such as the choice of degree form,the setting of conditions for conferment of degree,the relationship between the thesis defense committee and the committee of academic degrees,and the degree dispute resolution mechanism.First of all,based on the drawbacks of the national degree form,to implement the reform requirements of the state council on"Delegating Power and Optimizing Service"of higher education,China should realize the reform national degree form to university degree form.Secondly,the establishment of university degree form means that universities have the right to add additional conditions to the basic conditions set by the state.Furthermore,in relation to the relationship between the functions and responsibilities of the thesis defense committee and the committee of academic degrees,universities should not be required to set up a sub-committee of academic degrees.The university committee of academic degree shall only conduct a formal review of the resolution of the thesis defense committee.On this basis,the university committee of academic degree can be positioned as a sub-committee under the academic committee of the university,so as to straighten out the relationship between the two in law.Finally,as for the degree dispute resolution mechanism,Law of Academic Degree should make it clear that all degree disputes can be included in administrative reconsideration and administrative litigation,especially to avoid a vacuum of student rights protection.