Administrative Proceedings In The Public Colleges And Universities Education Research

In recent years, more and more disputes appeared between public universities and students. Public universities are often accused, which arouses both great reflection in society and thoughts in educational and law circles. This phenomenon reveals the problems of educational management in our public universities, as well as the weakness of research in higher education and the defects in current legislation. Researching on the problems in higher education and advance the legislation is a meaningful and urgent project, because it will boost the government by law in public universities and protect students' right. With the emergence of "Tianyong accuse Beijing Science and Technology University case","Liu Yanwen accuse Beijing University case" and other heated cases, the law circle began to research the quality, the legal status of public university and legal relations between university and students. The research confirms that in some cases, the public university can be the defendant in administrative litigation, but the current research achievement often focus on the discussion about basic theory topics, but doesn't get into the detailed aspects in the educational management. How judicial review works and what problems should be paid attention are not well researched yet. This thesis will focus on this aspect, where the innovation point in this thesis lies.With absorbing research achievements domestically and abroad, as well as using the theories in law(including administrative law, administrative litigation law, jurisprudence, constitution, civil law), education and other relative subject, this paper try to make a detailedanalysis of the administrative litigation in educational management of public university. Starting from a basic problem---the legal status of public university, this thesis analyzes the two kinds of legal relations---civil legal relation and administrative legal relation. The specialty of the administrative legal relation is emphasized. Then the thesis analyzes the suability of managerial behavior and points out the scope of administrative litigation. In the end, the thesis makes a type analysis in higher education field. By analyzing the typical cases, the thesis suggests that how the judge hear one type of cases. The author hope the research could make contribution to judicial practice.This thesis consists of four parts.The first part studies on the legal status of public university. The author analyzes the defects of two former status of "public enterprise body" and "authorized unit by law". By analysis of "public servile corporation" and the comparison the characteristic of our public university, the author suggests the appropriate legal status of our public university should be "public servile corporation".The second part analyzes the legal relations between the public universities and the students. The legal relations between the two are very rich and complicated, which can be separated into civil legal relation and administrative legal relation. In this part, the author tries to give a detailed sum-up of the two kinds of legal relations between the university and students. Then the author points that the particularity of the administrative legal relation is a special power relation in essence.The third part studies on the suability of the managerial behavior in public university. From three aspects---the statutes; the legalprinciple and realistic demand, the author points out that we should bring the managerial behavior of public university into the scope of administrative litigation. By referring the "importance theory" in special power relation theory, the author suggests we should limit the suability scope to the important behavior which can influence the accepting schooling right and change the students' identity.The fourth part researches on the type analysis of public university's managerial behavior. The author analyzes three parts of managerial behavior in public university. They are enrollment, daily management and issuing degree and educational background diploma. With cases, the author suggests how the same type of case be heard and which questions should be paid attention.