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受到特别权力关系理论的影响,在传统上,学生与高校在发放毕业证和学位证书环节引发的纠纷,很难得到司法审查。随着该理论的发展,对特别权力关系事项的部分进行司法审查已基本成为共识。就高校领域而言,司法有限介入的原因主要在于大学自治。具体到对高校发放毕业证和学位证书环节,司法应该有权进行审查,但同时应遵守合法性审查、合理性审查和注重程序审查的原则。
Influenced by the theory of special power relations, traditionally disputes between students and universities over the issuance of diplomas and diplomas can hardly be subject to judicial review. With the development of this theory, the judicial review of parts of special power relations has basically become a consensus. In the field of colleges and universities, the main reason for the limited judicial intervention is university autonomy. Specific to the graduation diploma and degree certificates issued to colleges and universities, the judiciary should have the right to review, but should also comply with the principles of legality review, rationality and focus on review.