On Legal Status Of Public Colleges And Universities

With the development of China's legal system, cases in which students sue their school continue appearing. At present, the legal status of public universities is not clarified in Chinese laws; therefore, students' rights in this regard were infringed without relief. This leads to social unfairness, and is not good for the healthy development of China's higher education. Therefore, to clarify the legal status of public universities is very necessary.According to the normal logic, I first prompt the questions, then analyze it and solved it. In detail, various acts of public university are discussed and finally the conclusion that the public universities not only have the status of the civil subject but also have the status of the administrative subject in special areas is reached. There are five parts in the whole article. In the first part, the problem is highlighted through three typical cases. The case of students sued their school began with Tian Yong sues the Beijing University of Science and Technology, and the other two cases also aroused extensive attention. The second part outlines the current legal provisions at home and abroad. The judges always use the existing legal provisions to decide cases; if we could understand the existing legal provisions, then we can further analyze the problems. The third section describes the courts'judgments of these three cases, and analysis of post-judgment legal issues. The fourth part is the various theories about the legal status of public universities at home and abroad so that we can more fully understand the problem. Part V is my own analysis and conclusions, that is, a public college or a university should be a civil legal subject when involved in a civil legal relations, while an administrative subject when involved in administrative legal relations.