Administrative Thought Of Public University Resorted

Carrying out legality in higher education has been a trend ,but in past years,public universities were often appealed, which shows some problems lies in the field of higher education.The case of Tianyong and the case of Liuyanwen broke the pattern of the traditional administrative procedure,which brings ardent reflection in the field of administrative law,which also produce common questions,that is judicial powers can intervene the field of public university and how confirn the scope of the intervention.The article circles the two centers judging the court decision,questioning the conception of authorized organization by the law and regulation,using foreign theory of public juristic person for reference, on the base of analysing the necessarily and possibility of public university can being the suitable defendant of the administrative procedure, the article believe the nature of the public university is public organization.Meanwhile ,from the three angles of public university's rescruiting, everyday management and issuing graduation certificate ,it analyses the nature of the legal relationship produced by them,and that how the judicial powers intervenes it.The advancement of the judicial practice reflects the defect of present legislation.In order to establish effective legal protection of the right of receiving education ,it suggests amending some stipulations of the education law.