On The Typification Of Judicial Rules Of Educational Administrative Litigation

Typification is an important research method in the field of procedural law,which can promote the optimization and upgrading of litigation forms,finally form a more standardized format litigation form to promote the smooth development of judicial adjudication.In the field of educational administrative litigation,not only the disputing parties involved in the case have diversified development trends,but also the trial contents have administrative and academic duality,and the application of rules is mixed with national laws and school rules.It is necessary to construct the types of adjudication rules,promote the substantive solution of educational administrative disputes to ensure the balance between educational law enforcement and rights relief,university autonomy and the protection of students’ rights and interests.At present,the practice of educational administrative litigation shows the exploration mode of dividing the adjudication rules based on the behavior type.Although it conforms to the legal habits,takes into account the legislative form and improves the adjudication efficiency,there are still some problems such as the lack of closure of the type induction,the lack of pertinence of the adjudication rules and the lack of systematicness of the overall construction.It is necessary to find a new standard for the categorization of adjudication rules.Theoretically,there are two feasible paths: first,embedding the judgment rules of administrative litigation types;Second,construct the types of adjudication rules based on academic factors.Although the former type induction is closed and the theoretical system is developing,it fails to really refine the special rules of educational administrative disputes and realize the mutual reference between different behavior rules;The latter holds the trait that academics are the core factor affecting the adjudication rules of educational administrative litigation,and divides the affairs involved into pure administrative affairs,academic administrative affairs and academic judgment affairs according to whether they have academic factors and the proportion of academic factors;The academic nature of the three kinds of affairs is strengthened and the administrative nature is weakened in turn.The breadth and intensity of the judicial review of the court presents a progressive pattern,which is of strong logic and conducive to the application of theory in practice.As for the judgment rules of purely administrative affairs,since purely administrative affairs do not involve academic factors,the court should treat universities and educational administrative departments equally in judicial review,and adopt comprehensive procedural review,substantive legality review and strict rationality review for the matters involved.At the same time,it is also possible to further construct the adjudication rules of academic administrative affairs and academic judgment affairs based on pure administrative affairs adjudication rules and combined with academic special rules.As for the adjudication rules of academic administrative affairs,since academic administrative affairs are more academic and less administrative than pure administrative affairs,the intensity of judicial review should be reduced in the substantive aspect.The legality review rules concerning academic affairs should be appropriately adjusted,only a limited proportion review should be conducted,and the principle of academic deference should be adhered to in an appropriate degree.At the same time,the review of specialized academic procedures should be strengthened in terms of procedures to make up for the review intensity.On the adjudication rules of academic judgment,since academic judgment is the core area of academic freedom in colleges and universities,the court can only strictly examine the procedure of making academic judgment,and avoid the substantive examination of academic judgment,so as to guarantee the autonomy of running schools and academic freedom in colleges and universities.However,after all,academic judgment is a subjective judgment made by experts and scholars,and the arbitrary form of judgment cannot be completely prevented only by starting with the procedure.It is also necessary to construct the substantive dispute system of academic judgment,so as to ensure the overall supervision of academic judgment in colleges and universities and promote the substantial resolution of educational administrative disputes.