Study Of Administrative Law Issues In "Tian Yong Vs The Beijing University Of Technology Case"

This essay studies some legal problems existing in the Tian Yong case and court judgments from the angle of the administrative law. The writer tries to analyze court judgments carefully, know the essence from small symptoms, and think about the important effect of the Tian Yong case. The school didn't issue the Diploma and degree certificate to Tian Yong, which was against the law, so in 1998 Tian Yong suited his Alma Mater USTB. This case is a milestone for the development of Chinese administrative law system. After this case was accepted and trialed, it triggered a lot of cases, in which students all over the country suited their schools for abusing their executive power.This essay analyzes the impropriety that as the main body of executive power, the university was accused in administrative proceedings. Universities are public institutes which can exercise their rights. It was the first time that it appeared on the defendant seat. It's considered to be the main body of administration according to the administrative law. As the main body of public education, the university is different from normal administrative organs. It has a special administrative system and interior system. The administrative law has the public power as its object. That education problems appear in the administrative law field is the outcome of the modern law development. Studying universities from the angle of administrative law is helpful for universities to position their executive power accurately. Because the Tian Yong case is special and the administrative law in our country doesn't have concrete and clear provisions of regulations, it can be used for the judgement of the case. So for the trial of this case, the court judged the case according to the procedure of administrative law. But there is certain insufficiency in that judgment theoretically and the usage of that principle in that judgment is imperfect. The principle of due process is that law enforcement has to be carried out according to the right legal procedure. And anyone or group who would cause bad effects to others when they exercise their power should listen to each other's views. Everyone has the right to defend for himself. In the judgment of the Tian Yong case, the principle of due process effectively, But there is insufficiency about the excuse in the written judgement. The trust protection of administrative law is that administrative organs should ensure the clarity, stability and consistence of administrative activities so that it can build up the sincere trust to protect citizens and to organize administrative activities. While this principle was not fully used by the judge in the Tian Yong case, so it wasn't strongly supportive to the judgement. The significance of the Tian Yong case is not only that the court accepted the case and made relevant administrative judgments, but more importantly is that through the judgment of the court, it's helpful to promote the standard of the education institutes, to make them exercise their administrative power carefully and to accelerate the legalization development of administrating the students in universities.