A Study On The Typology Of Administrative Cases Brought By Students Against Colleges And Universities

With the continuous improvement of citizens legal consciousness,in recent years,there have been endless cases of students suing universities.However,due to the inconsistency of the orientation of the legal nature of universities in judicial practice,the same type of cases often ends up with opposite judgment results,which makes the rights of universities and students not get timely and effective relief.Therefore,it is urgent to clearly distinguish all kinds of cases of students suing colleges and universities,to protect students’ rights and interests,and to manage the power of colleges and universities.In this study,101 administrative cases of students suing universities were selected as the research object,and the research methods related to case analysis and typed cases were used to analyze and discuss.This paper summarizes the year,trial level and trial procedure of 101 cases,hoping to truly reflect the doubts and difficulties in judicial practice in recent years.By means of horizontal and vertical comparative analysis,this paper summarizes three typical cases of students suing university administration in China: admission cases,disciplinary cases and academic and academic certificate cases.From the methodological point of view,the legal issues highlighted in case studies and type studies are observed,and theoretical considerations beyond the case itself are drawn.The study finds that the basic rights and interests of students are not well protected in judicial practice.The same type of cases often appear different sentences in the same case because of the qualitative nature of the case,sensitive disputes,and the personal level of judges.The reason lies in the definition of the legal subject of our universities.It is necessary to re-examine the subject qualification of universities in China,and clarify the administrative subject status and the administrative subject qualification of universities in management from different subject orientations.Referring to the definition of the legal status of universities in foreign countries,this paper examines the legal positioning of universities in China from the rise and fall of the "special powerrelationship".Then it further analyses the administrative legal relationship between students and universities,clarifies the dynamic relationship between students and universities from the way and angle of guaranteeing the right to education,and more needs to strengthen the student-centered school-running ideology of universities.By investigating what we can learn from the student management in foreign universities,we can achieve the goal of protecting students’ rights and interests.In order to solve the problems in practice,we can carry out the work from the following aspects.First,aggregate sample data.Through the method of type research,three main directions of sample research are obtained.They are enrollment case study,disciplinary case study and academic and degree certificate case study.Secondly,it summarizes the specific sample data of three types of cases,and finds the typical problems,as well as the disputes and Countermeasures of some problems in judicial practice.Thirdly,summarize the research significance from the sample data.Fourthly,through the analysis of sample data,the author puts forward his own views and suggestions on the deficiencies that still exist.Type analysis of the nature of admission behavior in Colleges and universities,in which students reflect the most problems mainly concentrated in the dissent of the results of the college entrance examination and the admission and training of master’s and doctoral students.Students mainly know their own examination information by applying for information disclosure,but there are still some problems such as unobstructed appeal channels.Therefore,it is particularly important to provide a variety of ways of appeal,timely feedback of examination information,and standardize the way of talent selection.Starting from the definition of punishment for college students,this paper divides punishment for college students into two categories: disciplinary punishment and academic punishment.Among them,the cases of expulsion and dropout are the most prominent.It is emphasized that the punishment should be consistent with the nature of the behavior,the degree of fault and the school performance.We can’t give expulsion directly and deprive students of their right to education.More emphasis is placed on the application of due process in student disciplinary cases.Colleges and universitiesshould deal with it in accordance with legal procedures to protect students rights to complain and defend.This paper expounds the contents of academic certificate and degree certificate,and their legal origins.Degree certificates play a more and more important role in society.They are the concentrated reflection of a person’s personal accomplishment and academic level.This paper sums up the reasons and types of not granting students academic certificates or degree certificates in judicial practice,among which the unreasonable points exist in the rules and regulations formulated by colleges and universities with the help of their autonomy.Finally,some suggestions are given to help students grow up healthily in a relaxed educational environment.