Rules Of Judicial Review Of University Students Management

In China, more and more controversy caused by the management of collegesstudents’ behavior enters the stage of litigation. The major arguments focus onwhether colleges and universities can be defendant of administrative lawsuit andwhat kinds of management can be taken in a lawsuit because of the uncleardefinition of the scope of accepting cases and the influence of the theory of thespecific management power in mainland China.Starting from the case of Tian Yong，we can ifnd out from the typical casesannounced by the Supreme People’s Court that, the court put emphasis ondefendant qualification of colleges and universities at the very start, chieflydealing with the degree-granting management behavior. Later, collegeenrolment and disciplinary sanction were also drawn into the scope of judicialreview，and gradually the basic right of every student was turned to. The auditstandard of Administrative Procedure Law in China is the validity examination,and it gradually sets a more reasonable validity examination refer to the campusrules regulations, with the evolution of the series of trials with reference ofcolleges and universities.For the management of student’s behavior, taking the essential rights relief asthe entry path will protect the students’ basic rights, and provide a valuablejustice review regulation for kindly administrative behavior in quasi-governmentorganizations and right relief in the civil servant management.