| In the recent years, along with the advancement of law construction and the university reforms, disputes between the universities and students turned up more frequently, so did discussion of the judicial examination involvement in the university administrative authority.Under the big background of legally ruling the nation, the university student's law consciousness has been remarkably enhanced. It is a fundametal question about how to utilize the judicial examination system to examine the validity of university authority, to supervise university authority operation, to correct illegal exercise of university power, and to realize restriction from authority to authority. The aim is to protect legitimate rights and interests of the university students as well as keeping the academic freedom and the independence of the university.This paper will mainly make use of various methods such as integrating theory with practice, literature analysis and comparison to study related problems of how the university manages the students. The whole paper is composed of five parts. In the first part, through analysising the present disputes between university and students occurrence frequently, the paper derives the focus of this paper. In the second part, the paper will introduce the related theories of university legal position in Chinese. In the third part the paper, basing on analyzing and reorganizing related theories of university's legal status in the world. The conclusions will be got on whether the thery of public interests legal person should be adopted in China. The fourth part will discuss the difficult current situations in Judicial Intervention in School Administration disputes. They are "actionable" and "limited ". also, it will discuss the conflict between judicial examination involvement with academic autonomy. In the fifth part, the paper will describe the path and form of judicial examination involvement. That is, it should strictly follow the five basic principles in China.
|
PDF Full Text Request