论学位授予权--法理学的视角

随着人们法治观念和权利意识的增强，司法审查已涉及高校领域，学位授予这类关系到相对人权益的行政行为更是引起司法部门和社会的广泛关注。在这种背景下，从法理的角度对学位授予权进行全面审视显得非常必要；学位授予权就其性质和特征而言，是一种法律法规授予高等学校的权力，这种权力具有行政权和学术权的双重属性；学位授予行为又是一种可申请行政行为，具有可诉性。学位授予单位在行使学位授予权时应充分贯彻法的精神，遵循法的基本原则，尤其要遵循依法行政原则、比例原则和正当程序原则，以使学位授予单位的行为既合理，又合法。

On the Power of Awarding Accademic Degrees--A Perspective from Jurisprudence

With the improvement of people's legal concepts and right consciousness,legal examination has entered into the sphere of high learning.Meanwhile such administrative behavior as the power of awarding accademic degrees involving the rights and benefit of the party concerned has reseivcd extensive attention of legal organ and the society.Thus it becomes quite necessarry to give an overall investigation on the power of awarding accademic degrees from the perspective of jurisprudence.This power is,by its nature and feature ,a power given to the higher institutes by laws and regulations,which is characterised with both administrative power and accademic power.The behavior of conferring accademic degrees is also an applicable administrative behavior with appealibility.If students don't consider that the behavior of higher institute is in accordance with corresponding stipuations,they can appeal for legal relief.While exercising the power,the higher institute as entitled to act in the full spirit of laws,and follow the basic legal principles,especially the principle of administrationm according to laws.Proportional principle,and the principle of proper procedures,in order to secure that the behavior of higher institute is reasonable and legal when it confers accademic degrees.