Analysis Of Litigation Of Students' Administrative Affairs In Universities

The relationship of universities and students is ruled by special power relation theory since a long time ago. With the development of administrative procedure theory, boundary of special power relation is becoming flexible. According to Chinese administrative procedure theory and practice, when special power relation theory is applicable to the relationship of universities and student, there are three exceptions, i.e., student registration, punishment of changing identity, and issue of degree and graduation certificate, which should be involved in the region of judicial review. If all disputes between universities and students are overall put into the area of judicial review, absurdity will appear both in theory and practice, namely, autonomy of universities will be impacted completely, and consequently education goal couldn't be assured. How to control litigation area of disputes between universities and students reasonably is the assignment for system explanation.In this paper, this issue will be discussed in four aspects.â… . Applicability and limit of special power relation theory. Analyze the appearance and characters of special power relation theory. Demonstrate the applicability, defect and relative developing trend of this theory. Propose that the standpoint that law doesn't intervene in student administration in universities must be changed.â…¡. Exception 1 of special power relation theory: student registration. Enrollment and registration is the premise of taking student status, which can affect student identity greatly. Referring to German basic relation and administrative relation theory, conclude that if universities take any administrative actions that is involved in student basic relation, court will own the right of judicial review, i.e., court will check the legality of substance and procedure of universities' actions.â…¢. Exception 2 of special power relation theory: punishment of changing identity. Analyze the connotation and legal property of punishing right of changing identity, and thereby point that when universities apply punishment of changing student identity, relationship between universities and students belongs to general power relation, which could be ranged into the acceptance area of administrative procedure under the principle of law. Procedures of punishment of changing identity should accord with the principle of law reservation and legal procedure.â…£. Exception 3 of special power relation theory: issue of degree and graduation certificate. Issue of graduation certificate by universities should comply with the principle of unification of legal system. Court should pay attention to rationality and validity of universities' actions; when court intervenes in degree issue in universities, it shouldn't check academic problems but procedures.