Empirical Study Of Judicial Intervention Into University Students Management Disputes

Through the method of empirical research,the statistics and analysis of administrative lawsuits concerning administrative disputes in college students that have been accessed online,and the disputes and their corresponding college student management behaviors were typed,and the judiciary involvement in the management disputes among university students in judicial practice was found to be concentrated.Disqualifications in degree awards,graduate qualification disputes,admission qualifications disputes,disciplinary disputes,"disputes arising from expulsion from school registration," disputes in student status management disputes,information disclosure disputes,and state compensation disputes.Disciplinary disputes other than those arising from expulsion of student status and management disputes other than"disputes arising from the withdrawal of schooling" are often excluded from the scope of judicial intervention.The relevant laws and regulations in our country are sorted out,and the judiciary intervention in the management disputes among university students is found to be a departure between the judiciary and the legislation.It is the logical premise of the judicial intervention of college students'management disputes to clarify the administrative behavior attributes of college students,management behaviors.The student management behavior that causes the creation,change and elimination of the rights and obligations between colleges and students has the attribute of administrative behavior.Judgments are made on the attributes of administrative behaviors of college students and whether they belong to the scope of the cases accepted by the people's courts,and are compared with the"importance theory" generally supported by academic circles,the limited "academic compliance principle",and judicial intervention in judicial practice.The range of judicial intervention based on the above criteria shows a high degree of similarity,which constitutes a realistic basis for judicial intervention in student management disputes in colleges and universities.The judicial intervention of the external guarantee of college students' rights and this kind of realistic basis together constitute the justification of the judicial intervention of college student management disputes.On the basis of the foregoing analysis,we reasonably explained the relevant provisions of the existing laws and regulations in our country,and put forward the scope for judicial intervention in university student management disputes.We will make appropriate amendments to the provisions that still fail to achieve the desired results through the efforts of interpretation.The suggestion is to make it more self-consistent with judicial involvement in college student management disputes on an actual and appropriate level.