The Study Of Judicial Review On Educational Disputes In Higher Education Institutions

Problems in higher education are often raised from the contradiction between self-discipline and heteronomy,such as whether the educational disputes in higher education institutions belongs to the internal management of the school board.Can judicature intervene in it?And how it can intervene in it?How can we avoid the improper intervention in the autonomy of university?How to maintain an appropriate balance between self-discipline and heteronomy?All these questions are always worthy of our focus.Higher educational disputes refer to the disputes raised from the students and teacher's,students themselves' and teachers themselves' disputes over their rights and obligations during education management activities.The higher educational disputes mainly occur between the university and students,among the teachers themselves,between the teachers and the students.When disputes occur between teachers and students,the teachers usually represent the universities and thus the legal result belongs to universities,as the teachers are staff of universities.The higher educational disputes are mainly embodied in the conflicts of rights and obligations between the relevant subjects.Therefore,it is the premise for us to study the boundary of all subjectsin higher educational disputes.The legal relationship related tohigher educational disputes can be used to solve the disputes of constitutional legal relationship,administrative legal relationship and civil legal relationship.Starting from the modern western university,it has faced a variety of contradictions and problems in the process of fighting for its rights to run schools,and to get rid of the interference of the outside world.The university's development cannot be without the autonomy,while the autonomy without the restraint or counter balance often evolves into a dead creed,and then become crisis to the healthy development of the university.University autonomy is a western academic term,which is generally referred as the university's autonomy rights in running schools in China.Universities autonomy rights in running schools refer to universities,as institutions with independent legal personality,can fully play its activeness and initiative of self-decision,self-executive,and self-supervision,as well as fully play its rights of education decision and education activities.All these should be without the illegal intervene and hindrance of other institutions,based on related national policies and its own school running rules and characteristics.The pursuit of academic freedom is the foundation of university autonomy,while university autonomy is the institutional guarantee of academic freedom.The essence of judicial review is to restrict the abuse of administrative rights through judicial supervision,and thus to protect the legitimate rights and interests of citizens.China's judicial review can be expressed as:the people's court to review the legality of specific administrative acts of national activities.Through the analysis of cases of the university education disputes,we found that in the process of the judicial power executing fully into the university hall,there are three core issues,namely:canjudicial review intervene?What matters can be incorporated into judicial review?How to review?At present,it is still unclear about the scope of judicial review of higher educational disputes in our country,and the standards of judicial review of higher educational disputes should be further unified.The lack of homegrown theoretical basis,the vague legal status of the university autonomy,judicial restraint and resist,the lack of direct legal basis aremain problems which lead to the smoothness of higher educational disputes judicial review.The balance theory focuses on the initiative of the subject of the administrative legal relation,which is helpful to encourage the higher institutions' students and teachers to use the legal means to safeguard their legal rights and interests.It is necessary to further develop and perfect the theoretical system of the balance theory,and thus to provide a more definite and operational guidance for the complicated and realistic life,not only staying in the level of value guidance.The scope of the judicial review of higher educational disputes is only a general outline of theprominent problems in the current higher educational disputes.The higher education disputes judicial review can not be only limited to this.The judicial review of higher educational disputes can be carried out from two aspects:formal examination and substantive examination.Formal review is mainly about whether evidence is breaking the law,and whether the procedure is legal,substantive review including whether the university's behaviors have considered irrelevant factors,lost justice and protected the interests of the trust.In the judgment,the court should not directly use the changed decision judgment mode,such as thinking higher institutions' behaviors have lost justice,considered irrelevant factors,and the procedures are illegal,and thus the decision from higher educational institutions should be abated and higher institutions are ordered to remake decisions.