The Research Of Judicial Examination Against Our University Authority

In the passing few years, coupled with the advancement of law construction theuniversity reforms, disputes between the university student, the university teachers andthe college turned up more frequently , so did discussion of the judicial examinationinvolvement in the university authority. Under the big background of legally ruling thenation, the university student's and the university teacher's law consciousness remarkablyenhanced. How to utilize the judicial examination system, to examine the validity ofuniversity authority, to supervise university authority operation, to correct illegal exerciseof university power, and to realize restriction from authority to authority so as to protectlegitimate rights and interests of the citizen, the legal person and other organizations'while keeping the academic freedom and the independence of the university at the sametime, is a question theoretically meaningful and judicially important.But there are many difficulties existing in the judicial examination against universityauthority at present. The independence of our university is congenitally deficient, theacademic authority is adhered to the administrative authority. Moreover, our university ishard to be clearly defined as main body in the law, with the public administrationfunction and the institution function mutually functioned, so the respecting universityacademic freedom contradicted the realization judicature examination system. Therefore,we must thoroughly discriminate the university authority the nature, the structure and theoperational mechanism, thorough discussing the necessity, feasibility as well asrealization mechanism of the judicial involvement in university authority.This article altogether is divided into four parts. The introduction, includes thewriting origin, certain important concepts explanations, the research situation of domesticand foreign countries, research technique applied, writing structure and innovationintention. Taking a typical case from Wuhan University of Technology, the first partelaborates necessity of judicial examination against our university authority, listed theillegal power abuse phenomenon existing in our universities. The second part analyzedthe difficulties in judicial examination against our university power. The third partdescribed the practical operational mechanism of judicial examination against ouruniversity authority, including feasibility of judicial examination against our universityauthority, the definition of university's main body legal status, the principles and"reasonable territory" of judicial involvement in university authority movement.This article unified the standard analysis and case analysis in the research technique.This article has the innovative points as follow: first, it clarified the dilemma of judicialexamination involvement in the university authority;second, discussed the practicaloperational mechanism of our university authority, especially "the reasonable territory"of judicial involvement and academic autonomy mechanism beyond the "the reasonableterritory".