Inquiry To Examine The Relationship Of Public University Autonomy And Justice

Since1985, the concept of "autonomy of universities" to get recognition andaffirmation of national policy since,university autonomy caused extensive discussionof the legal community and highly valued.University autonomy is the core issue ofhigher education in China and around the world in the process of development andimprovement of common concern,the core is academic freedom.Background andpaths with the concept of autonomy is different from Western universities,ourproposed university autonomy reflects strong utilitarian color.The reason is that thegovernment does not accurately locate their role in the field of higher education, theHigher Education pipe on too much too dead, bound the behavior of universities,colleges and universities can not train so that meet the social development needs ofhigh caliber.This produces a given university autonomy motivation.And in the contextof university autonomy in the management of students is one of the most importantaspects of the behavior of college students through a variety of the management inorder to maintain order in the school education.But the last decade, due to a disputebetween the students of college students and university management areas occur moreand more, even at the cost to go to court against each other, especially in October1998of "Tian Yong case" and1999’s "after Liu Yanwen "case has aroused widespread concern in the community and academia for its typical and milestone cause of action,because the college students were dissatisfied with the school management behaviorsmore frequently taken to court cases see the media, community colleges anduniversities away from the ivory tower gradually into view of society, the traditionalconcept of the university management and the power management system of collegesand universities under increasing its dependence of the impact and challenges.Theseshocks and challenges ultimately falls on the involvement of judicial review, judicialreview of the involvement of university autonomy, causing common concernjurisprudence, education, and public opinion, but also triggered a fierce debate.It wasfelt that this is the great progress of China’s rule of law in the process of highereducation, is conducive to safeguarding the legitimate rights and interests of collegestudents, and thus supervise and regulate the exercise of the executive powersuniversities in order to promote the rule of law in university administration andmodernization.Opponents say that it is an abuse of judicial power, it destroys ourcollege years are constantly generated school autonomy and autonomous universitiesshake the foundation of history and tradition and fundamentally that universityeducation has been a legal and judicial restraint domination.In this context, this paperstudies public university autonomy and judicial review of relations, trying to solvesome practical judicial review of the legal issues involved in the autonomy ofuniversities are facing, such as involvement of independent judicial review of thelegal basis and the need for colleges and universities, the judiciary review of how todo the fine tradition of respecting university autonomy, in order to seek the good pathof university autonomy and the combination of judicial review, and give full play tothe function of judicial review system for the protection of citizens, legal persons andother legitimate rights and interests of organizations, while fully respecting theacademic freedom of universities and the relative independence and achieve healthydevelopment of university autonomy.In this paper, adhering to the "questions-analysis of the problem-to solve theproblem," the logic of ideas, the article is divided into three sections.In the firstchapter, the first of a few typical cases cited to explain the current situation of generally satisfied with their management due to student behavior Litigation China iscurrently the case, then these typical cases from several abstract Litigation casescurrently exist in our universities difficult practical problems, and to sort out theseissues, paving the way for the later carried out to analyze problems and solveproblems.In the second chapter, the main basis for judicial review is to analyze theinvolvement of university autonomy.First, the background and the formation of theconcept of university autonomy proposed elaborate, and the meaning of universityautonomy from its rationality and legitimacy are described and interpreted.Thenintervene in the judicial review of the legitimacy of university autonomy weredescribed, mainly to resolve the legal status of college students in the subject field ofmanagement to start, because once solved the problem, university independentjudicial review of intervention have a solid foundation.Finally, the analysis of severaltheories about the dominant position of the typical college of law (legal institutions,laws and regulations authorized organizations, public corporation) and concluded thatthe legal status of college students in the subject field of management is the mainadministrative legal relationship status the real possibility of its management studentbehavior have been incorporated into the scope of judicial review.In the third chapter,the university administrative proceedings for the type of analysis to select relativelyclassic, but also China’s current administrative proceedings relatively sharpcontradiction prominent universities in enrollment admission of the complaint,disciplinary action lawsuit, and awarded diplomas diploma lawsuit, three types oflitigation for analysis, specifically explain the basic principles of judicial review andintervention for each specific request for review of specific types of litigation shouldbe adhering to norms of judicial review litigation university system as a sort.