University Sued Legal Thinking

In recent years, lawsuits in the domain of university frequently occurred, but our existing legislation does not exactly stipulate in this field, so it causes confusion in practice.. Although according to our existing laws, a university is defined as an executive legal person, it cannot solve all sorts of legal problems between university and students. In the process of justice, some courts consider a university as an organization authorized by laws and regulations. But this definition itself has many problems and is also questioned by scholars. In the opinion of the author, a university should be regarded as a public legal person and in this way the legal nature of the university can be exactly defined. In peoples' conventional opinion, there are two reasons for why the university cannot come into defendant. Firstly, if the university becomes the object of judicial examination, their autonomy in college running would be infringed. Secondly, the administrative relationship of university belongs to the internal legal relations, so it should not accept the judicial examination of the court. By analyzed those two opinions, the author thinks that the limited judicial examination of the court does not interfered the university's autonomy in college running. In fact the theory of internal legal relations originated from the theory of special authority relations which have already been criticaled and revised in. modern time. In order to carry out their autonomy in college running ,the university has the right to make internal rules like school regulations and disciplines .But a certain principle should be followed during the process. Meanwhile ,these internal rules should be allowed to be sued if they are against the present laws.