College Students Management Disputes Judicial Intervention Study

In recent years, with the rapid development of our country's Modernization in law and the rights awareness of the people, the disputes of educational administration to students by university has been emerged. However, because of the lack of rules on such disputes, different courts heard them in different ways. As a matter of fact, this phenomena reflect the argument in these three main issues: (1) the defendant qualification of university in Administrative Litigation ; (2)the proper field of judicial power to intervene in the Administrative Litigation concerning such disputes;(3)the judicial special rules on such disputes.In the author's opinion, it is only an expedient to refer university as "the organization authorized by law", which has contradictories in theory and practice. However, on the basis of the theory of "Non-Governmental Public Organization", all the Non-Governmental organizations that undertake the duty of public management, including universities owned by public and private, should have the qualification as defendant in Administrative Litigation. It is appropriate for judicial power to intervene in the Administrative Litigation concerning universities with help of the "importance theory". In addition, the judicial special rules on such disputes should be built up from proceeding and substance aspects.