学位条例修改引入学术规范的法理依据与制度构造

Jurisprudential Basis and System Construction of Introducing Academic Norms into Regulations of Academic Degrees

遵守学术规范是学位授予中的重要行为规范,高等学校学生因学术失范问题而被撤销学位的纠纷案件屡有发生,这显示了法治对高校治理的介入趋势。由于现行《学位条例》对学术规范的法律效力位阶定位不清,如何确定高校学术规范的法律效力成为了高校治理和教育法治实践的难点,这就需要立法的跟进。学位条例的修改应与高校依法治理结合起来,通过将学术规范入法,明晰学位授予中学术规范的法律效力渊源与位阶,将高校教育管理和学术自由结合起来,形成法治与高校自主办学的共治形态,促进高校治理体系和治理能力的现代化。

It is an important code of conduct in degree awarding to abide by academic norms.There are many cases that some college students’degrees have been revoked due to academic misconduct,which shows the trend that rule of law intervenes in university governance.Due to the unclear position of the current Regulations of Academic Degrees on the legal effect of academic norms,how to determine the legal effect of academic norms in colleges and universities has become a difficulty in university governance and legal practice,which requires the follow-up of legislation.The revision of the regulations on academic degrees should be combined with the theory of university governance.By introducing academic norms into law,we should clarify the source and rank of the legal effect of the academic norms for degree awarding,combine university education management and academic freedom,form a form of co-governance of the rule of law and the independent running of universities,and promote the modernization of university governance system and governance capacity.