高等学校与学生学术性争议实质性化解的困境和出路

The Dilemma and the Way Out of the Substantive Resolution of Academic Disputes Between Universities and Students

学术性争议是指教育领域内因高校行使学术权力而引发的纠纷,该争议主要表现为因学术不端导致学位撤销或因校级和二级学院学位授予条件不一致导致不授予学位的争议。产生这一争议的主要原因在于立法对学术性的判断没有具体标准,高校基于学术自主权虽然制定了学术性判断标准,但却存在标准不当联结的矛盾。司法对学术性争议审查囿于学术自治和合法性审查标准,难以从根本上解决学术性争议,达不到定分止争的效果。基于此,从高校内部化解这一问题具有高效便捷、成本较低且能进行专业判断的优越性。因此,涉学术性案件的实质性化解应回归高校内部,发挥高校的主渠道作用,由高校采取具体措施从源头上预防和化解此类纠纷。高校二级学院细化校级有关学位授予条件渐渐成为高校自主办学的主流趋势,故应授予二级学院细化学位授予条件的权力。此外,要正确认识资格论文与学位论文的关系,应以学位论文是否通过答辩作为学位授予的主要标准。同时,高校应加强学生的学术诚信教育,这不仅能够有效防止学术不端行为,也能在一定程度上起到事先预防的作用。

Academic controversy refers to the disputes arising from the exercise of academic power by colleges and universities in the field of education.The controversy mainly manifests itself as the controversy of degree revocation due to academic misconduct or the controversy of not awarding degrees due to the inconsistency of degree awarding conditions between the university level and secondary colleges.The main reason for this dispute is that there is no specific standard for the academic judgment in legislation;although colleges and universities have formulated the standard of academic judgment based on academic autonomy,there is a contradiction that the standard is improperly linked.The judicial review of academic controversy is limited to academic autonomy and legality review standard,which is difficult to solve academic controversy fundamentally and cannot achieve the effect of determining the score and stopping the dispute.Based on this,the internal resolution of this issue by universities has the superiority of being efficient,convenient,less costly and capable of professional judgment.Therefore,the substantive resolution of academic cases should return to the internal of colleges and universities,play the role of the main channel of colleges and universities,and let them take specific measures to prevent and resolve such disputes at the source.It has gradually become the mainstream trend for universities to run their own schools,so the second-level colleges should be granted the power to refine the conditions of degree conferment.Secondly,the relationship between qualification thesis and dissertation should be correctly understood,and whether the dissertation has passed the defense should be the main criterion for degree conferment.Finally,universities should strengthen the academic integrity education of students,which can not only effectively prevent academic misconduct but also play a role of prior prevention to a certain extent.