Research Onadministrative Litigation Problems On "Lawsuit Mr.Pan VS. A University"

For colleges and universities participating in administrative proceedings, there is a comparatively large"vacuum"in today's administrative law system of our country in the aspects of definition of the nature of its subject, the conflicts between schools'rules, disciplines and the law, and the execution of administrative judgment. There has not been a systematic and consistent opinion on those issues no matter in theories or practices, so that they left some"judicial IOUs"in the administration justice. Actually, it is not difficult to determine the subject's position of universities, because we can use the answers of the following four questions, what actions, what name, what power and what responsibility, to dividing the limit of the subject's nature of universities. And the reasons why schools'rules and disciplines conflict with the law are quite complicated, while the core is whether they run beyond the scope of the law. If they exceed the legal norms, then it is illegal and invalid as well, so that their effectiveness as the basis in judicature should be excluded. Moreover, the implementation of administrative adjudication is base on effective means. The state's coercive power is its foundation and using the power legally and effectively is the basis of implementation. The problem which should be solved by the rule of law urgently is how to break through the limitations of law and use diverse legal means to adjust the balance of social relations, as the real rule of law not only requires the improvement of the legal system, but also emphasizes the role of legal awareness. Therefore, establishing an unified and separate combined social adjustment mechanism is an important way for the construction of China's legal system.The author proposed that construction of administrative legal system should not only emphasize the tripartite cooperation of legislation, judicature and law enforcement, but also fully exert the social's function of self-regulation, combining with the history, present and future to improve the work of legal system to a higher level of global and forward-looking. We should start off from the aspects of establishing the ideal of ruling of law, constructing related systems, completing the supervision and restriction mechanism, etc. to regulate the management practices of universities. Restraining the state's executive power and judicial power in reason and effectively and playing the role of butterfly effect through a fair case so that to guide the entire community to equity and justice. Specifically, strengthening legal advocacy, improving public system, steadying judicial independence, completing and unifying legislation and introducing multi-supervision are imperative, and they are top priorities for solving social disputes, protecting rights and safeguarding social order.The content studied in this paper is due to some issues, such as the state's administrative proceedings, legislation on education, administrative actions and other aspects, caused by a real litigation case about university degree. Basing on the idea of justice, equality and controlling power in ruling of law, the author wrote the paper in a logical order of subject, basis and relief. After analyzing and demonstrating the three major issues of the nature of administrative subject, the legitimacy of school rules and discipline and the implement of administrative judgment, the author integrated and innovating some related theories, and brought forward some improvement recommendations to the problems in the future's practice. Assuredly, universities participate in administrative proceedings is just a tip of the iceberg in the administrative law relationship. As there are still some other issues in our state's huge administrative system, what we still need to do at present as the most significant task fundamentally is to improve the system's effectiveness.