The handling of academic misconduct and falsification will be based on the law. The
Ministry of Education will openly solicit opinions from the public on the draft of the degree law, expert interpretation
□ Reporter Chen Lei
□ Our newspaper trainee reporter Sun Tianjiao
Recently, the Ministry of Education announced the "Draft of the Degree Law of the People's Republic of China (Draft for Solicitation of Comments)" to solicit opinions from the public.
The draft of the degree law (draft for comments) has a total of 38 articles, which is 18 more articles than the current "Regulations on Degrees of the People's Republic of China" (hereinafter referred to as the "Regulations on Degrees").
Experts interviewed by reporters from the "Rules of Law Daily" believe that the draft of the degree law (draft for comments) can be described as bright spots, such as "academic misconduct" clauses, such as "dispute resolution" clauses, etc., these formulations are intended to resolve The current degree regulations are seriously out of touch with degree practice and degree needs.
The interviewed experts suggested that with the development of degree practice in China, the degree regulations need to be upgraded to the "degree law". Once the legislative tasks are completed, the responsibilities of relevant entities need to be further clarified and the rules for daily office operations need to be further improved, especially the quality of degrees Supervision and relief need to attach great importance to the establishment of basic mechanisms, procedures, standards and principles to protect the legitimate rights and interests of all parties.
Difficult to adapt to development practice
Degrees regulations urgently need to be revised
On March 15th, the Ministry of Education issued an announcement stating that in order to improve the degree legal system in my country, promote the development of graduate education, and improve the quality of degree work, a draft degree law (draft for comments) was developed on the basis of in-depth research, and it was open to the public for solicitation. opinion.
This means that the implementation of the 40-year revision of the degree regulations has entered the fast lane.
On January 1, 1981, the degree regulations came into effect.
Although the name is "Regulations", it is still the first law in the field of education and science in New China.
According to Yang Jianshun, a professor at Renmin University of China Law School and director of the Institute of Comparative Administrative Law, the implementation of the degree regulations has played an important role in the process of national education and degree reform.
Yang Jianshun told a reporter from the Rule of Law Daily that with the advancement of reform and opening up, the degree regulations have gradually revealed their incompatibility with practice, and it is necessary to revise and improve them.
23 years after the implementation of the degree regulations, on August 28, 2004, the Standing Committee of the Tenth National People's Congress revised one of the provisions.
In March 2011, when the Academic Degrees Committee of the State Council announced the main work points of the year, it promoted the revision of the Degree Regulations to the "Degree Law" work, which was listed as the first of the eight work points.
The "Key Points of the Ministry of Education in 2012" issued at the beginning of the following year clearly included the start of the revision of the degree regulations.
On August 22, 2018, the Ministry of Education stated in its response to Recommendation No. 5430 of the First Session of the 13th National People’s Congress that at present, my country’s economy and society have undergone profound and profound changes, and the cause of higher education has also undergone major changes that have attracted worldwide attention. The degree regulations can no longer fully meet the needs of reform practice and reality. It is necessary to revise the degree regulations and regulate my country's degree system in the form of the "degree law".
In September 2018, the "Legislative Plan of the Standing Committee of the 13th National People's Congress" was released, and the degree regulations (modifications) were included in the second category, that is, "drafts of laws that need to be worked hard and are submitted for review when conditions are ripe."
In Yang Jianshun's view, in the degree practice since the reform and opening up, disputes about degrees have continuously appeared, and there are many cases involving the absence of the degree law. Revising and enriching the degree regulations has become an important topic for further promoting the development of degree career.
However, reviewing the context of the revision of the Degree Regulations, we can see that the degree issue is more complicated than other educational issues. The revision of the Degree Regulations is not easy. Polishing and perfecting the draft degree law (draft for comments) will be an extremely difficult subject.
Yang Jianshun believes that the draft degree law (draft for comments) responds to practical needs, adheres to the principle of "problem-guided legislation, legislation to solve problems", and tries to solve the problem of serious disconnection between the current degree regulations and degree practice and degree needs.
Wang Jingbo, vice president of the University of International Business and Economics and secretary-general of the Chinese Law Society's Administrative Law Research Association, said in an interview with a reporter from the Rule of Law Daily that since the implementation of the degree regulations for 40 years, it has been unable to adapt to the current development practice of the entire higher education system, nor can it adapt to the current The development and practice of the degree system urgently need to be revised.
Emphasize the national attribute of the degree
Construct a basic degree system
Throughout the degree regulations, there are a total of 20 provisions, regardless of chapters.
The draft of the degree law (draft for comments) has 38 articles, consisting of 7 chapters including general rules, degree management system, degree-granting authority, degree-granting conditions, degree-granting procedures, degree-granting guarantees and relief, and supplementary provisions.
Yang Jianshun believes that the draft of the degree law (draft for comments) has undergone a major expansion in form, nearly doubling the expansion; the system is changed to a chapter-by-chapter structure, which is more conducive to the consolidation of relevant legal norms and systems and enhances its effectiveness. Sex.
The first article of the draft degree law (draft for comments) stipulates: in order to cultivate high-level talents with comprehensive development of morality, intelligence, physical education, art and labor, standardize degree-granting activities, protect the legitimate rights and interests of degree applicants, ensure the implementation of the degree system, and promote education, culture and For the development of scientific and technological undertakings to serve the socialist modernization drive, this law is formulated in accordance with the Constitution and the Education Law.
In Yang Jianshun's view, relative to the degree regulations, the first article of the draft degree law (draft for comments) fully enumerates the legislative purposes and clarifies that the legislative basis is "in accordance with the Constitution and the Education Law." This formulation is a highlight.
Another highlight is the clarification of the "national" nature of the degree system and the status of professional degrees.
Article 2 of the draft of the degree law (draft for comments) stipulates that the state implements a degree system.
Degrees are divided into three levels: bachelor, master, and doctoral degrees, and are divided into academic degrees, professional degrees, and other types.
Degrees are awarded according to subject categories and professional degree categories.
Yang Jianshun stated that this article clearly stipulates that “the state implements a degree system” and emphasizes the “national” nature of degrees.
At the same time, on the basis of the three levels of bachelor, master, and doctoral degrees, the original degrees are further divided into academic degrees, professional degrees and other types, and degrees are awarded according to disciplines and professional degree categories.
In Wang Jingbo's view, the draft degree law (draft for comments) sets the degree system more clearly, and a basic degree system will be constructed accordingly.
Yang Jianshun studied the draft of the degree law (draft for comments) and later said that the highlights also include: setting up a special chapter to stipulate the degree management system, clarifying the responsibilities of the degree committee, the education administrative department and the degree evaluation committee; setting up a special chapter to stipulate the acquisition of the degree-granting authority, Clarified the degree-granting authority, approval standards and the subject of approval, and stipulated the independent review and approval procedures.
Wang Jingbo believes that stipulating the degree management system and more clearly stipulating the powers and responsibilities between various departments are in line with the principle of statutory powers; the special chapter stipulates the acquisition of degree-granting rights, which not only makes the conditions for degree-granting more clear, but also fully reflects the procedures. The principle of due process.
Deal with academic misconduct in accordance with the law
Responding to the urgent needs of practice
The draft degree law (draft for comments) stipulates that if applicants for a degree have academic misconduct, forgery, etc. during the study period of the degree-granting unit and in the process of degree application, peer review, and defense, the degree evaluation committee may make a decision not to award the degree. Decided.
According to the draft of the degree law (draft for comments), if a degree holder has one of the following circumstances in the process of obtaining the degree, the degree-granting unit shall revoke the degree, withdraw or declare the degree certificate invalid after the degree evaluation committee deliberates and decides: ( 1) Academic misconducts such as serious plagiarism, forgery, plagiarism, or data falsification in the dissertation or practical results, whose quality does not meet the standards; (2) Obtaining the admission qualification or graduation certificate by illegal means such as impostor, favoritism and fraud; (3) There are other violations of laws and regulations that should not be granted during the study period.
The degree-granting unit shall listen to the statement and defense of the degree applicant or degree winner before making a decision not to award a degree or revoke a degree.
Wang Jingbo believes that the handling of academic misconduct in the draft of the degree law (draft for comments) “causes high social concern”, in fact, in order to take seriously the requirements of my country's education system, and to more fully respond to the more prominent academic misconduct problems in practice. , So that the handling of academic misconduct is no longer "unfounded by law."
The draft degree law (draft for comments) stipulates that if the educated person is not satisfied with the resolution or decision not to accept the application for a degree, or the decision or decision not to grant his degree, and the degree winner has objections to the resolution or decision to revoke his degree, he can grant a degree The unit filed an appeal.
If interested citizens, legal persons and other organizations have different opinions on the resolutions and decisions of the degree-granting degree, they may raise an objection to the degree-granting unit.
The degree-granting unit shall conduct a review and make a review decision within 90 days from the date of receipt of the appeal or objection.
Those who still disagree with the review decision may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
In Wang Jingbo's view, the draft of the degree law (draft for soliciting opinions) stipulates both positive and negative aspects, and aims to fundamentally solve the outstanding problems in the degree field.
Yang Jianshun said that the establishment of a special chapter to stipulate degree quality assurance and relief, emphasis on internal quality assurance, clarification of the requirements of instructors, and special provisions for the handling of academic misconduct and dispute resolution have effectively responded to the urgent needs in degree practice.
Yang Jianshun also suggested that once the legislative task is completed, the degree regulations should be upgraded to the "degree law", the responsibilities of relevant subjects need to be further clarified, and the daily operating rules of the office need to be further improved, especially the quality supervision and relief of the degree. Mechanisms, procedures, standards and principles to protect the legitimate rights and interests of all parties.