On The Judicial Review Of Students’ Expulsion From Colleges And Universities In China

The expulsion of student status is a method of disciplinary action by colleges and universities based on autonomous management rights.Nowadays,the lawsuits caused by the expulsion of students from colleges and universities are increasing day by day,which highlights the difficulties faced by the process of comprehensively managing schools according to law.The purpose of disciplining students in colleges and universities is to educate and punish students.However,if the limits are exceeded,it will not only fail to achieve the purpose of managing and strengthening education,but also cause tension between the colleges and students and infringe upon their basic rights.Under the background of comprehensively administering schools in accordance with the law,what kind of judicial review intensity and standards of judicial review should Chinese courts use to try such cases has become an urgent issue at present.At present,there is no agreement between the theoretical and practical circles on the legal relationship between colleges and students and the legal nature of college expulsion of students’ enrollment.The intensity of judicial review adopted in the case is also different.Since the "Tian Yong Case",colleges and universities have appeared in court as defendants in administrative proceedings.Since then,administrative litigation cases involving students and colleges have continued to increase.With the increase in cases of educational disputes in colleges and universities,the phenomenon of "different receipts in the same case" and "different judgments in the same case" appeared in courts everywhere.In addition,different courts have different views on such cases as the nature of such cases,how to grasp the degree of examination of the cases,and how to determine the examination standards during the case.This article attempts to analyze some of the issues raised above through the analysis of relevant expulsion cases.This article is divided into the following sections:Introduction.Firstly,it introduces the background and relevant significance of the research in this article.Secondly,it briefly introduces the relevant research results of scholars on this topic.Finally,this article demonstrates and analyzes the article through case studies and literature research methods;Case introduction and controversial focus.Based on the typical cases of expelling students from three colleges and universities,the basic case and the reasons for the court’s judgment and results of the case are summarized separately.Finally,the controversial focus to be discussed in this article is extracted based on the three cases:the legal nature of the dismissal of students from colleges What is it,the strength of the court’s review of disputes about the expulsion of students from colleges and universities,and the standard of the court’s review of disputes about the expulsion of students from colleges and universities;Legal analysis.This section analyzes the aforementioned three cases.First,write the basic concepts that need to be addressed in this article,that is,the concept and characteristics of college student expulsion from colleges and universities,the relationship between college student expulsion from colleges and the legal norms,and the necessity of judicial review to expel college students from colleges;One of the key issues is what is the legal nature of college student expulsion from colleges and universities.In this part,the legal nature of college expulsion from colleges and universities is discussed mainly by discussing the relationship between colleges and students;The intensity of judicial review of college expulsion of students from colleges and universities.This part discusses the intensity of judicial review by combining domestic related cases and the status of judicial review in litigation.Finally,the final focus of this article is the court ’s expulsion of college students from universities Discuss the judicial review standards of punishment,this part also adopts the analysis of the current situation of the case to trigger the court to discuss the judicial review standards of college students expelled from school.Case study conclusion and inspiration.According to the relevant legal issuesdiscussed above,it is concluded that the legal nature of the expulsion of college students from colleges and universities is administrative punishment.At the same time,in light of the practical problems in the lawsuits for expelling students from colleges and universities in China,relevant case studies are enlightened.For example,the principles of judicial review of college students’ expulsion of students’ status should be clarified,and the system for establishing and improving the system of student appeals should be established.