高校须经法律法规及国务院授权方可向学生授予学位。实践中,司法对于高校学位授予类纠纷的审查姿态一直处于波动变化之中,从合法性原则与合理性原则并重逐步演变为仅注重合法性审查。指导案例39号“何小强案”为该类纠纷提供了更为清晰的解决思路。以此为基点,本文着力探究高校学位授予行为的司法审查路径,并发现:对于高校授予学位行为、制定本单位学位授予细则的行为,可以法定授权为审查基准;对于高校自制细则,为尊重高校的自主管理权及判断余地,宜以合法性原则为限进行审查。 Colleges and universities must be granted the degree by laws and regulations and the State Council. In practice, the judicatory’s examination stance on disputes of degree-granting class in colleges and universities has been fluctuating constantly. From the principle of legality and the principle of rationality, both sides have gradually evolved to focus solely on the examination of legitimacy. Guiding Case No.39 “He Xiaqiang Case” provides a clearer solution to such disputes. Taking this as a starting point, this article focuses on the path of judicial review of university degree granting behavior, and finds that the act of granting university degree granting behavior and the formulation of the unit granting rules can be authorized statutory basis for the examination. For college self-made rules, Of the self-management authority and room for judgment, the legitimacy of the principle should be limited to the review.