If the defence fails: resubmission, a master's instead of a doctorate, and academic review
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If your defence is not passed, the Degree Law of the People's Republic of China gives you three separate things to consider: with the defence committee's consent you may revise within a prescribed period and apply to defend again (Article 27); a doctoral defence committee may, with your consent, recommend a master's degree instead of the doctorate (Article 27); and you may apply either for academic review of the academic evaluation conclusion (Article 40) or for review of a refusal to accept your application or to award the degree (Article 41). Article 27 gives no length for the revision period and no number of attempts. The Law took effect on 1 January 2025.
The English renderings of the articles below are this site's translation of the Chinese text.
What the defence actually decides
Under Article 26, the defence committee follows the prescribed procedure, forms a resolution on whether the degree applicant has passed the defence, and announces that resolution on the spot. The vote is by ballot and is carried by two-thirds or more of all members. A master's defence committee has no fewer than three members; a doctoral defence committee has no fewer than five, of whom no fewer than two are experts from outside the degree-awarding institution. Your thesis or practical achievement is sent to the committee members for review before the defence, and they carry out their duties independently and responsibly. Except where the content involves state secrets, the defence is held in public. Article 26 refers to the prescribed procedure but does not set out that procedure itself.
So a failed defence is not a comment or a provisional view. It is a resolution of that committee, announced at the end of the session. Where the Law refers to a prescribed procedure or a prescribed period, the detailed rules are published by the degree-awarding institution itself.
Option 1: revise and defend again
Article 27 provides that where the thesis defence or the practical achievement defence is not passed, the applicant may, with the consent of the defence committee, revise within the prescribed period and reapply for the defence.
Three points follow from that wording:
- The committee's consent is part of the rule. Article 27 gives no unconditional right to a second defence.
- The period is described only as "prescribed". Article 27 gives no length for that period, and does not name who prescribes it.
- Article 27 sets no number of attempts, and it does not say whether a further failed defence ends the process.
Suggestion, not a rule: ask the graduate school in writing which document sets the period, how it is counted, and whether the committee's resolution records its consent to a resubmission.
Option 2: a master's degree instead of a doctorate
The second paragraph of Article 27 covers the case where the doctoral defence committee considers that the applicant has not reached doctoral level but has reached master's level. Where the applicant has not previously obtained that master's degree in that discipline or specialty from that institution, and the applicant consents, the committee may make a resolution recommending the award of a master's degree. That resolution is submitted to the degree evaluation committee for deliberation (审定).
Three things are worth separating here:
- It is a recommendation, not the award itself, and Article 27 uses "may".
- Your consent is required. Article 27 makes the recommendation conditional on the applicant's agreement.
- The exclusion is narrow: the route is not available where you already hold that master's degree in that discipline or specialty from that institution.
Option 3: academic review of the academic evaluation conclusion
Where you have an objection to an academic evaluation conclusion made by the academic organisations or personnel involved in processes including expert review, the defence and the recognition of achievements, you may apply to the degree-awarding institution for academic review (学术复核) under Article 40. The institution shall, within 30 days from the date it accepts the application, organise experts again to carry out the review and make a review decision. Article 40 states that the review decision is the final decision. The measures for academic review are drawn up by the degree-awarding institution.
Option 4: review of a refusal, or recourse to the authorities
Where a degree applicant or degree holder is dissatisfied with the non-acceptance of their degree application, the refusal to award the degree, or the revocation of a degree, Article 41 gives two paths: apply to the degree-awarding institution for review, or request the relevant authorities to handle the matter according to law. If you apply to the institution, it shall conduct the review and make a review decision within 30 days of accepting the application. Article 41 names no specific authority, and it does not describe its review decision as final.
| Article 40 | Article 41 | |
|---|---|---|
| What you are contesting | An academic evaluation conclusion from expert review, the defence, or the recognition of achievements | Non-acceptance of the degree application, refusal to award the degree, revocation of the degree |
| Who may apply | The degree applicant | The degree applicant or the degree holder |
| Where | The degree-awarding institution, under measures it draws up | The degree-awarding institution, or the relevant authorities |
| Time limit | Decision within 30 days of acceptance | Decision within 30 days of acceptance |
| Finality | Article 40 states the decision is final | Article 41 does not describe the decision as final |
Which route fits your situation
- You want another attempt at the defence: Article 27, first paragraph — it needs the committee's consent and takes place within the prescribed period.
- You would accept the master's degree: Article 27, second paragraph — it needs your consent, and the committee's resolution is a recommendation to the degree evaluation committee.
- You consider the academic judgement itself wrong: Article 40.
- You are contesting the refusal to accept your application, the refusal to award the degree, or a revocation: Article 41.
None of Articles 27, 40 and 41 makes one route a precondition for another, and none of them sets an order in which they must be used.
Questions people ask
Can I defend again more than once?
Article 27 sets no number of attempts. It provides that a person whose defence was not passed may, with the defence committee's consent, revise and reapply for the defence.
How long is the revision period?
Article 27 gives no length for the period and does not name who prescribes it. The text says only "within the prescribed period".
Can the committee award me a master's degree without asking me?
Not under Article 27 as written. The recommendation requires the applicant's consent, and the committee's resolution recommending the award of a master's degree is submitted to the degree evaluation committee for deliberation.
How quickly is a review decided?
Both routes run on 30 days. Article 40 and Article 41 each require the degree-awarding institution to make its review decision within 30 days of accepting the application.
Is the academic review decision final?
Article 40 states that it is. Article 41 does not describe its review decision as final, and it offers the second path of requesting the relevant authorities to handle the matter according to law.
Sources
- Degree Law of the People's Republic of China (中华人民共和国学位法) — Ministry of Education of the PRC (moe.gov.cn), text sourced from the National People's Congress website
Checked 11 October 2026
This page is an unofficial summary, is not published by or affiliated with the Ministry of Education, the China Scholarship Council, CHSI or any university, is not legal advice, and if the official text or the current notice of the university or authority handling your case differs from what is written here, that official text and that notice prevail.