Application Of Law In School Regulations

Modern university in order to achieve its management of students,through the development of the provisions of the school to achieve the management of students is a very common way.Students in the school’s lawsuit,it is often for the provisions of the school put forward different opinions.In these proceedings,Schools that reflect their academic autonomy is the provisions of the school,the students think the school rules hurt their rights.He Xiaoqiang case as a guiding case of the Supreme People’s court,have a strong sign,also have a lot of controversy.This article starts with the He Xiaoqiang case,hope to solve the problem of how to be applied in the judicial review.The main research method is case analysis.Establish a review paradigm from the law to the case,refining general rules.In this paper, from the perspective of the He Xiaoqiang case, through the introduction of the original defendant, the dispute has been extracted to solve the problem.Whether "Implementation Rules" can set up a creative element for the relative?The degree of award in the "Degree Regulations" is "Better master the basic theory, professional knowledge and basic skills of this discipline",whether the level of English can be attributed to such elements?What is the nature and function of CET-4?Whether it can be used to test the students’English proficiency?The answer is the angle of the "Implementation Rules" of the law applicable. Extra Power Relation of the theory of public corporation is introduced.Come to the conclusion:Huazhong University of Science and Technology and Wuchang branch is suitable for applicable defendants.At the same time, it draws a conclusion:School regulations can set up new obligations, in the meaning of the terms of the upper law. At the same time, this article has drawn first boundary of judicial review and Academic autonomy. Academic autonomy is the support of the university to make School regulations,so the school can get an abstract concept and standard through the understanding of the law.Next, use articles of law to specific analysis of the case,have come to the following conclusions:(1) School regulations can set up new obligations, in the meaning of the terms of the upper law.Judicial review should be through hierarchy of articles of law to review this.The standard of review is to determine from the perspective of the legislative purpose and the content of authorization.(2)Schools through understanding the upper law,put the concept of abstraction included within the legal academic level,belongs to the power of academic autonomy.(3)As for schools to take what means to evaluate the concept,shall be subject to the examination of the judicial review,through the way of fair value:In line with the purpose, objective and impartial, procedural justice.Finally, the general rules are tested,by screening the case database, comparison,the guiding function of the He Xiaoqiang case is not obvious.For this kind of situation,this paper makes a simple analysis, and puts forward the idea of the solution.