Study On Educational Administrative Litigation Of Institutions Of Higher Education

With the reform of the education system in recent years, people in the pursuit of scarce educational resources, intend to safeguard their legitimate rights and interests leading to lose balance on social order,especially to institutions of higher learning. Students of institutions of higher learning with improved and perfect personality pay more and more attention to the dominant position of their rights, and begin to question the nature of authority in schools. How to control the exercise of power and protect rights between school and students is the subject of our study. The educational dispute should be resolved through administrative channels by the government, and could be solved by the judiciary means as the last bulwark of the rights and remedies. Due to the impact of traditional concept, legal status of the institutions of higher learning is not clear and many administrative cases not handled between the student and the alma mate. Because the nature of private colleges and public universities is different,we will focus on the study of the legal status of public universities attempting to clarify the legal status of the institutions of higher education. According to the analysis of various disputes in the colleges and universities, we could establish the status of university administrative body, clarify the scope of educational administrative litigation, improve the education administrative proceedings.The first section provides an overview of the status about higher education administration disputes. A list of three classic cases act as the entry point of the article analyzes. These cases put forward some problem:the dispute about the college administrative dominant position, debate about the suability of university management, balance between academic freedom and justice.The second part elaborates the definition about the legal status of colleges and universities between the common law and civil law and puts forward official egal theory to solve the plight of a the College administrative dominant position in the theory.The third part researches two main topics, the first is whether the administrative action can bring an administrative lawsuit, the second is the rang of administrative action.The fourth part analyzes the confrontation about the executive power, judicial power, the right to academic. How to find the balance of the three is the emphasis.