On Judicial Review Limit Of Public University Students Management

"Tianyong Case" and "Liu Yanwen Case" have opened the gate of judicial review on the university student administrative action, which has initiated the thoughts of the academe about this from multi-position. Any authority's function has its boundary; the jurisdiction also should have the reasonable boundary when it involves the cases between university and its studentsFrom the point of two typical cases, this thesis discussed theoretical and realistic foundation of judicial review limit, cleared off the litigation scope limit, the premise limit as well as the depth limit of the judicial review of university administrative action, tried to find out the effective pattern of judicial review limit, which provides the standardization solution of such similar cases, thus protects student's legitimate rights and interests well. The whole thesis altogether may be divided into five parts, in which first chapter is the first part, the second chapter is the second one and the third, the four, the five chapters as a whole is the third part.In the first part, the author explained the concept of judicial review limit, analyzed the characteristics of judicial review limit, based on this foundation and the two typical cases as the origin, proposed the question of the judicial review limit on the university students' management. "The law may establish the different protection channel for the different rights, but the law always does not permit the different treatment merely because of the different violating originates and the domains." But the key of the question is, because of the university autonomy or the educational rule of self-determination right, compared with the common citizens, the students receive certain limits when they exercise the basic rights, where is this boundary? This question is also transformed into how to bind the scope limit, the premise limit as well as the depth limit of the judicial trial? By this way, the question is put forwarded.In the second part, the author analyzed the theoretical and realistic foundation of the judicial review limit on students' management. Under our country's realistic condition, the theoretical foundation is the university autonomy, which includes its origin, its meaning and the judicial review limit under university autonomy, thus gave us a systematic understanding about the relations between university autonomy and judicial review limit; The realistic foundation is the university self-determination right, which includes the stipulations of the university self-determination right in the present law, students management and judicial review limit under self-determination right frame, thus gave us a comprehensive understanding to the interaction between self-determination right and the judicial review limit. According to the above, the question is analyzed.In the third part, the author conceived the feasible pattern of the judicial review limit on students' management.(1)boundary of litigation scope limit ---summary of three doctrines in our country: doctrine of judicial review manner, doctrine of important theory and doctrine of management nature, then analyzed these doctrines, bounded the scope limit by following the way of abandoning the shortcoming to save the superior sections, and concluded six items of the scope limit which includes: the management of recruitment of students, the management of property, the management of school register, the management of student mass organization, the management of diploma providing and the degree awarding and the management of school regulation and discipline.(2) establishment of premise limit---introduction of the process of higher education administrative review , elaborated its positive significant to the students' right relief, to the universities' standard management, to the court's avoiding excessive judicature and saving the judicial review resources, analyzed the mistiness regulations of this procedure in the present educational law, and then related in detail how to reconstruct of it by revising the regarding articles of the educational laws.(3) establishment of depth limit----explained in detail three principles of establishment of depth limit which includes principle of difference treatment, principle of due process and principle of proportion, under the instructions of these principles, analyzed particular judicial review of management items and reached judicative types of judicial review items. Here, the question is solved.