Analysis Of Changes In Administrative Litigation In Higher Education

The practice of administrative litigation in the field of higher education in China originated in the late 1990 s.In the past three decades,administrative disputes in the field of higher education have shown a trend of diversification.The litigation between colleges and students against the courts not only provoked the academic and judicial circles to discuss the administrative litigation of higher education,but also promoted the development of the institutional legalization of colleges and universities.In 1998,Tian Yong v.Beijing University of Science and Technology opened the door to the judicial practice of administrative litigation in higher education.This article takes 21 administrative litigation cases as the research object.Through the analysis of actual litigation cases,it shows the changes and development of administrative litigation in China's higher education.In addition to the introduction,the article is divided into five parts:The first part first analyzes 21 cases of administrative litigation in higher education.According to the difference of the processing results,these cases are classified,and the similarities and differences of the trial results of administrative litigation cases in higher education are summarized.Then,based on the classification of the accused administrative action,the case was divided into a case concerning the disciplinary action,a case concerning admissions,and a complaint concerning the issuance of a degree certificate or diploma.Through this classification,we explore the commonalities of similar cases and the changes in the basis for courts of the same type in different periods.The second part mainly examines the two stages of the development of administrative litigation in higher education: the first stage is from 1989 to 1999.At this stage,administrative litigation cases in the field of education are presumed to fall within the scope of judicial review;the second phase is from 1999 to the present.At this stage,administrative litigation cases in the field of education were explicitly included in the scope of judicial review.Afterwards,from the aspects of the emergence and development of "special power relations",the general situation of "special power relations" theory in China was analyzed.Finally,from the perspective of the basic function of litigation and the perspective of litigation,this paper expounds the legal basis of the limitability of the administrative behavior of higher education.The third part analyzes the phenomenon of different judgments of administrative litigation in higher education.The article first introduced two typical cases,namely the case of Tian Yong v.Beijing University of Science and Technology and the case of Liu Yan wen v.Peking University.The second section analyzes the reasons for the different judgments in the same case from the three aspects of the differences in the examination standards of different courts,the defects of specific litigation procedures,and the conflicts between judicial review and college autonomy.Finally,based on the reasons mentioned above,concrete measures to avoid the appearance of different sentences in the same case are given.The fourth part mainly analyzes the reasons for the continuous expansion of judicial review of the administrative disputes in higher education in our country and the continuous expansion of specific performance.The scope of examination has been continuously expanded,mainly in the following aspects: First,the range of cases for administrative litigation in the field of education in China is continuously expanding;secondly,the types of administrative cases in the education field in China are also increasing.The expansion of the scope of the examination is mainly due to the relevant provisions of the laws and regulations of our country and the increase in the number of cases in which college students have sued the school in recent years.The fifth part first elaborates the scope of judicial disputes involved in the field of administrative disputes and the legal basis for judicial authorities to review academic disciplinary decisions in universities.At present,the judicial review of the punishment of the students' behavior is mainly based on academic and disciplinary reasons.The research focus of this section is on the review criteria for judging the disciplinary action of colleges and universities,the judiciary should follow what kind of review criteria,the judiciary can judge the academic level and academic course performance and other issues involved in the dispute,as well as academic discipline When the conduct of the review is conducted,what contents can be specifically reviewed by the judiciary.