Yu Yanru V.peking University' S Dismissal Of Doctoral Case

In modern society,the concept of the rule of law continues to penetrate the hearts of the people.When people's rights and interests are violated,people hope to seek judicial relief.In recent years,some college students have been increasingly involved in the accusation of colleges and universities because of dissatisfaction with the disciplinary action of the school.The reason is largely because the school does not follow the principle of due process well when making disciplinary decisions against students.The injustice of the entity caused by the procedural flaws not only infringes the legitimate rights and interests of college students,but also makes The fairness of the disciplinary decision in colleges and universities is doubtful and loses credibility.In our country' s legal tradition,there has always been a tendency to "emphasize entities and light procedures",focusing only on the results of entities,no matter how the results are derived.In fact,the procedures not only guarantee the realization of physical functions.The value of the tool,and its own independent value,we should put the program and the entity in the same important position,the two can not be neglected.Starting from this realistic condition,this paper selects a typical case in the judicial practice--Yu Yanru case,and analyzes the focus of the case,which analyzes whether Peking University should abide by the principle of due process and Whether Peking University has followed the principle of due process in the process of disciplinary decision,and then came to the corresponding conclusion that Peking University should abide by the principle of due process,but the lack of proper procedures for the handling of the Yanru incident is not very good.Follow the principles of due process.On this basis,the author proposes that colleges and universities should clearly revoke the specific procedures of the degree,and the national legislative level should improve the relevant provisions of the Degree Regulations on the relevant provisions of degree revocation.In the process of analysis and argumentation,the author finds that judicial practice faces the problem of whether it can be solved by administrative litigation in the face of disputes between universities and students,and whether colleges and universities can be regarded as the appropriate defendant in administrative litigation.Therefore,on the basis of analyzing and demonstrating the focus of the above disputes,the author puts forward some suggestions that colleges and universities should exercise administrative power,which is of positve significance both from the perspective of student right and administrative control.Finally,the paper discusses whether Yu Yanru' s doctorate can be restored.