Education Rule of Law
JIN LongJun1,2; QIN Yalan1
Article 40 of the Degree Law establishes an academic review system, while Article 41 stipulates the selection of relief modes for degree review, internal appeals, and requests for relevant authorities to handle them. This formulation has resulted in a disconnect and inconsistency between internal and external relief. Based on historical interpretation, the connection between degree review and external remedies has not been fully clarified from the draft of the Degree Law for soliciting opinions to the draft of the Degree Law and then, resulting in a contradiction between internal and external remedies. This is precisely due to the conflict between the subjective intention of legislation and the objective system. Based on the system interpretation, academic review is defined as final outcome within the school, but there are difficulties in the acceptance subject, behavior type, and institutional function of degree administrative review. Therefore, “degree review appeal” can be developed as the main channel mechanism for review relief and equipped with judicial review. At the same time, a three-level relief linkage system consisting of academic relief, appeal relief, and external relief should be constructed at the levels of organizational law, appeal mechanism, and due process.