150 Harvard Human Rights Journal Vol.20 “patriotic,"“collectivist,”and“socialist”approach to education.44 In addi-- tion,"Marxism,Leninism,and Mao Zedong Thought"are explicitly placed at the center of the educational "cause."45 More important than the provisions on Marxism and socialism are those provisions that divide authority between universities and the state,the lat- ter usually represented by the Ministry of Education.Often,the legal divi- sion of authority creates a somewhat complicated structure in which universities make decisions according to government rules,and then submit those decisions for government approval.46 Just as education law in China delegates authority to educational institu- tions,it also creates legal rights for educators,students,and institutions of higher learning.Article 33 of the Education Law,for example,creates an obligation on the state to "protect the legitimate rights and interests of teachers,"and states that employment issues related to teachers,such as remuneration,will be handled by law.47 Under Article 42 of the Education Law,students have the right to bring a complaint against a school if they disagree with disciplinary action taken by that school.4s Under the same 44.Education Law of the People's Republic of China,supra note 38,art.6.It is unclear what,if any,legal effect such language has.Nonetheless,Article 6 and other similar provisions do reflect the deep involvement of the Communist Party in education policy in China. 45.Education Law of the People's Republic of China,spra note 38,art.3.The Higher Education Law repeats these strictures.Article 3 of the Higher Education Law is virtually identical to Article 3 of the Education Law.Article 4 of the Higher Education Law requires that"[hjigher education shall be conducted in adherence to the educational principles of the State,in the service of the socialist moderni- zation drive....in order that the educatees shall become builders and successors for the socialist cause."Higher Education Law of the People's Republic of China,supra note 42,arts.3,4. 46.The conferral of academic degrees is one example of this hybrid approach.Both the Education Law and the Higher Education Law make clear that the state is responsible for the conferral of academic degrees.Education Law of the People's Republic of China,supra note 38,art.22;Higher Education Law of the People's Republic of China,supra note 42,art.22.The state exercises its authority to grant degrees through the Regulations of the People's Republic of China on Academic Degrees,under which it delegates degree-granting authority to approved universities.Regulations of the People's Republic of China on Academic Degrees (adopted at the 13th meeting of the Standing Comm.of the 5th Nat'l People's Cong.and promulgated by Order No.5 of the Standing Comm.of the Nat'l People's Cong.on Feb.12,1980,effective Jan.1,1981)(P.R.C.),arailable at http://www.novexcn.com/academic_degrees. html.Under Article 8 of the Academic Degree Regulations,the State Council must approve all schools wishing to issue degrees.All schools issuing degrees are required to set up a two-tiered system for conferring master's and doctorate degrees.The system consists of a dissertation committee based in each department,and an academic degree evaluation committee,based in each degree-granting unit within a university.Id.arts.9,10. The process itself passes through both entities:First,a dissertation committee evaluates and either approves or rejects an individual student's master's or doctorate thesis (bachelor's degrees are approved by the university's academic degree evaluation committee).If the departmental dissertation committee approves the student's thesis,it then sends a resolution recommending the candidate for receipt of a degree.The academic degree evaluation committee then votes on each individual resolution;those it accepts are granted a degree by the university.Id.arts.10,11.If the thesis is rejected by the disserta- tion committee,then the student can be issued a certificate of completion by the university.Schools must submit a list of persons to whom they are awarding master's or doctorate degrees to the govern- ment "for the record."Id.art.10(2). 47.Education Law of the People's Republic of China,supra note 38,art.33. 48.1d.art.42.\\server05\productn\H\HLH\20\HLH2001.txt unknown Seq: 10 12-JUN-07 16:27 150 Harvard Human Rights Journal / Vol. 20 “patriotic,” “collectivist,” and “socialist” approach to education.44 In addi￾tion, “Marxism, Leninism, and Mao Zedong Thought” are explicitly placed at the center of the educational “cause.”45 More important than the provisions on Marxism and socialism are those provisions that divide authority between universities and the state, the lat￾ter usually represented by the Ministry of Education. Often, the legal divi￾sion of authority creates a somewhat complicated structure in which universities make decisions according to government rules, and then submit those decisions for government approval.46 Just as education law in China delegates authority to educational institu￾tions, it also creates legal rights for educators, students, and institutions of higher learning. Article 33 of the Education Law, for example, creates an obligation on the state to “protect the legitimate rights and interests of teachers,” and states that employment issues related to teachers, such as remuneration, will be handled by law.47 Under Article 42 of the Education Law, students have the right to bring a complaint against a school if they disagree with disciplinary action taken by that school.48 Under the same 44. Education Law of the People’s Republic of China, supra note 38, art. 6. It is unclear what, if R any, legal effect such language has. Nonetheless, Article 6 and other similar provisions do reflect the deep involvement of the Communist Party in education policy in China. 45. Education Law of the People’s Republic of China, supra note 38, art. 3. The Higher Education R Law repeats these strictures. Article 3 of the Higher Education Law is virtually identical to Article 3 of the Education Law. Article 4 of the Higher Education Law requires that “[h]igher education shall be conducted in adherence to the educational principles of the State, in the service of the socialist moderni￾zation drive . . . . in order that the educatees shall become builders and successors for the socialist cause.” Higher Education Law of the People’s Republic of China, supra note 42, arts. 3, 4. R 46. The conferral of academic degrees is one example of this hybrid approach. Both the Education Law and the Higher Education Law make clear that the state is responsible for the conferral of academic degrees. Education Law of the People’s Republic of China, supra note 38, art. 22; Higher Education Law R of the People’s Republic of China, supra note 42, art. 22. The state exercises its authority to grant R degrees through the Regulations of the People’s Republic of China on Academic Degrees, under which it delegates degree-granting authority to approved universities. Regulations of the People’s Republic of China on Academic Degrees (adopted at the 13th meeting of the Standing Comm. of the 5th Nat’l People’s Cong. and promulgated by Order No. 5 of the Standing Comm. of the Nat’l People’s Cong. on Feb. 12, 1980, effective Jan. 1, 1981) (P.R.C.), available at http://www.novexcn.com/academic_degrees. html. Under Article 8 of the Academic Degree Regulations, the State Council must approve all schools wishing to issue degrees. All schools issuing degrees are required to set up a two-tiered system for conferring master’s and doctorate degrees. The system consists of a dissertation committee based in each department, and an academic degree evaluation committee, based in each degree-granting unit within a university. Id. arts. 9, 10. The process itself passes through both entities: First, a dissertation committee evaluates and either approves or rejects an individual student’s master’s or doctorate thesis (bachelor’s degrees are approved by the university’s academic degree evaluation committee). If the departmental dissertation committee approves the student’s thesis, it then sends a resolution recommending the candidate for receipt of a degree. The academic degree evaluation committee then votes on each individual resolution; those it accepts are granted a degree by the university. Id. arts. 10, 11. If the thesis is rejected by the disserta￾tion committee, then the student can be issued a certificate of completion by the university. Schools must submit a list of persons to whom they are awarding master’s or doctorate degrees to the govern￾ment “for the record.” Id. art. 10(2). 47. Education Law of the People’s Republic of China, supra note 38, art. 33. R 48. Id. art. 42