Agency Action Research In Chinese Universities

Under the Chinese background of establishing laws, new problems in university is mentioned in the field of laws. Last century 90's, the problems in connection with enrollment, degree awards, students'punishment and teachers'professional title awards have appeared in university. Take the good examples of Tian Yong accusing University of Science and Technology of Beijing in 1998 because the university refused to issue the diploma and some female student being ordered to quit school from Chongqing Post and Telecommunication College because she fell in love and was pregnant. Since the Chinese university's legal status is blurred, people have extremely different attitudes to various attributes of university acts and to whether university could be defendant of agency litigation. It is difficult to distinguish whether the act that university carries out belongs to agency act, civil act or inside administrative act. Therefore, there is no unified norm and standard in the present practice to whether court places lawsuit for university administrative act arouses and according to what decides a case. How to define agency act from numerous and complicated university acts is the key to solve the problem. To define university agency act is the premise of judiciary involvement. That makes some university act accept judicial review and university governing ways avoid dissociating from ruling, practically guarantees students and teachers rights, and protects citizens(persons being educated) legal rights especially the judiciary relief right.The paper could be divided into four parts:Partâ… suggests the problem. First, the paper analyzes that the classic case about university dispute reflect the problem of agency law, and points out agency act existing in university administration. Secondly, the paper comments on various theories of university legal status to discuss university legal dignity and multiple university act, and how to distinguish agency act from various university acts. Because it includes the problem of judiciary involvement when university appears as an agency, if the judiciary gets more involved, it will affect university's autonomy; if the judiciary involvement is insufficient, it couldn't protect students'basic rights.Partâ…¡defines the judging standard of university agency act. First, the paper analyzes the different judging standards of agency act, points out that Chinese authority standard has certain limitation, the theories of basis relationship and managing relationship have shortcomings, and emphasizes the function of significance theory drawing lessons to university agency act. Secondly, the paper brings forward the plan of establishing the judging standard of university agency act, points out that the definition of university agency act couldn't depend on the unitary key element, not be completed for one time, but be carried out by multiple standard. The first step: by judging whether act is administrative, civil act could be separated from university act, and the administrative characteristic includes one-way, mandatory, inequitable and common; the second step: by judging whether act is litigated in administrative lawsuit and being able to litigate is that act has an great affect on relative people's rights and damages relative people's basic rights. This item could be regarded as the boundary distinguishing general university administration from agency act.Partâ…¢expounds and analyzes the connotation of university agency act. First, agency dignity is testified by law by university agency act main body key element. Commenting and analyzing the viewpoints of authorizing theory, not governing community organization theory and public corporation theory supports agency legal status of university agency act, and sufficiently proves the fact of existing of agency act. Because main body status of university agency act is unclear in Chinese law, the paper sets forth the reasons of clarifying legal person status of university official business. Secondly, the paper discusses the core content of authority of office of university agency act, and points out that university has used the authority of office of agency in enrollment, administrative punishment, issuing academic certificates, awarding degrees and teachers'professional titles. Finally, the paper analyzes on what impact university has carried out students'status punishment, issuing academic certificates, awarding degrees and teachers'professional titles, shows enrolling, issuing academic certificates, awarding degrees and teachers'professional titles have a great change on relative people to lead them to change their fates, to influence their life, to create legal affect. Therefore, what university is doing belongs to university agency act.Partâ…£the paper sets up legal principle of university agency act. University agency act is the act that university exercises an administrative power according to law to produce administration law effect, so it ought to be brought into the field of law. First, the paper analyzes the phenomenon violating legal principle of university agency and points out unable, evil and bad law is the source of anti-act in university. Insisting on legal principle can make university lean on law and change the situation of "having no way to obey". Secondly, the paper points out that proper procedure has significance on university agency act, on one hand, to urge university to make agency act when carrying out power cautiously, on the other hand, for relative people(students and teachers) to provide legal guarantee to restrict authority before accepting encroachment. At the same time, the paper analyzes open system and hearing system of agency to realize the relative people being informed, improve the cognition to university agency act, and to supervise university agency act. Finally, the paper set forth the limits of involvement of judicial review. It points out that judicial review is the main method of supervising and stipulating university agency action to realize rescue of students'rights. Judging from the world range, right of being educated and the right of personal ownership of property are looked upon seriously, and great majority of developed countries and areas have already brought university into the range of judicial review. But, judiciary review is limited, and only the item relating to the students'and teachers'fundamental rights could be included in judiciary review.In short, there is agency action in university. Multiple standard can separate university agency action and civil act from inside managing act, for university agency action to stipulate the rules according to university official business law. At the same time, the act that university uses has be defined as agency action to expand the connotation of agency action, to expand the range of case in agency lawsuit, for court to be entitled to apply judicial review to university agency action. The significance of university agency action depends on which act belongs to agency action for court to make lawsuit, to avoid the university judiciary vacuum and to protect university to get benefits to run a school.