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| The right relief and procedural justice of academic misconduct punishment of graduate students: a case study of C9 League |
| QIN Han |
(Guanghua Law School, Zhejiang University, Hangzhou 310008, China) |
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Abstract As graduate students stay the reserve force of scientific research, their academic misconduct is widely concerned, but the means of relief keeps lacking relatively. There are certain legal bases for the graduate student academic misconduct punishment relief, including the constitution, administrative law, the regulations made by ministry of education and academic discipline of university. However, the right relief remains lack of specific measures. Currently in practice, relief ways of administrative litigation, administrative reconsideration present low success rates and small quantity, so the students are more willing to go out of the channels of relief in the legal system, and the replacement includes ways in and out of the university. Through the analysis of the regulation and practice experience of C9 League universities in terms of graduate student benefits, it seems common that the procedural justice is uneven; the system to distinguish the difference of the adjustment object is insufficient; the existing system hasn′t meet the tolerance requirement in the law of science and technology in our country. Those problems mentioned above need specific reform.
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2018, Vol. 12 
