Research on the Application of Academic Autonomy and Judicial Review—Taking the Granting and Revocation of Degrees as Examples

Abstract

Based on the analysis of typical academic degree cases such as “Tian Yong v. Beijing University of Posts and Telecommunications,” “Zhang Xiangyang v. Wuhan University,” and “He Xiaoqiang v. Xiamen University,” it is evident that academic autonomy remains one of the contentious issues in the rule of law within higher education institutions. Relying solely on the self-management of academic autonomy within universities to resolve degree-related disputes is insufficient and cannot fundamentally address the conflict between students’ right to education and the autonomy of higher education institutions. Utilizing judicial power to examine procedural deficiencies in degree disputes is crucial for protecting the legitimate rights and interests of students and purifying the academic environment. In practice, academic autonomy and judicial review exhibit a relationship of interdependence, potential conflict, and balanced development. Clarifying their relationship, defining the nature of academic autonomy in judicial review, determining the limits and intensity of judicial review based on the core principles of academic autonomy, and implementing resolution mechanisms that emphasize both procedural and substantive reviews of academic autonomy can help address issues such as unclear factual determinations in judicial practice and insufficient enforcement of judgments.