研究生学位授予制度改革的关键问题与路径选择

Key Issues and Path Selection of Graduate Degree Awarding System Reform

学位制度改革的基础性问题是制度形态的选择,由此衍生学位授予程序、条件的确定以及纠纷解决等问题。既往《学位条例》的制度选择多为诟病,存在学位形态的确定、学位授予的程序、学位授予的条件、纠纷解决机制等问题。现有学界研究多着眼于具体制度分析,而忽视了立法目的这一基础性问题。基于此,从《学位法(草案)》给定的立法目的出发,将其分为三个层次,划定学位制度制定中高校权限范域。在此基础上,对学位立法的四大关键问题进行探讨,借鉴英国、美国、德国等典型域外学位立法经验,提出我国可选择的立法路径,以期形成制度选择与立法目的的有机统一。

The fundamental issue of the academic degree system reform is the choice of institutional form,from which derived the degree awarding procedure,the determination of conditions,and the settlement of disputes and so on.In the past,the system selection of“Academic Degree Regulations”is mostly criticized with problems such as the determination of academic degree form,the procedure of academic degree awarding,the conditions of academic degree awarding,dispute settlement mechanism and so on.However,the existing academic researches mostly focus on the specific institutional analysis,but ignore the basic problem of legislative purpose.In view of it,this paper divides the legislation into three levels from the legislative purpose given in the Draft of Academic Degree Legislation to delimit the scope of authority of universities in the formulation of academic degree system.On this basis,four key issues of degree legislation are discussed in the paper.Moreover,by drawing on the experience of degree legislation in developed countries such as the United Kingdom,the United States,Germany,etc.,the legislative path that can be chosen in China is put forward,so that an organic closed loop between system selection and legislative purpose will be formed.