Analysis Of Judicial Review Of Higher Schools’ Regulations

With the progress of the rule of law and the improvement of citizens’ legal awareness,the number of administrative litigation cases appearing in the field of higher education in China has increased gradually in recent years.These cases involve information disclosure,disciplinary action,student status management,degree awarding and other aspects.Among them,due to the fact that colleges and universities do not issue academic degree certificates,which will infringe on the basic rights of students,more and more attention has been paid to the academic degree-related cases in colleges and universitiesIn December 2014,the ninth group of guiding cases(Guiding Cases No.38-44)are issued by the Supreme People’s Court.The Guiding Case No.38,which is“Tian Yong v University of Science and Technology Beijing(a case regarding refusal to issue graduation certificate and degree certificate)" and the Guiding Case No.39,which is "He Xiaoqiang v Huazhong University of Science and Technology(a case regarding refusal to confer an academic degree)”are all typical cases of degree granting disputes,in which the universities are the defendants.The core issue of this type of case lies in the judicial review of whether the university regulations on which colleges and universities refuse to grant students degrees is inconsistent with the provisions of superior legislations.In judging whether they are in conflict,the concept of“academic autonomy" has been introduced by many scholars in the fields of theory and practice.At present,the people’s court has the right to review the legality of university regulations and the legitimacy of the procedures in the process of fact,which has been generally recognized by the theoretical and practical circles.However,there is no final conclusion on the scope of judicial review and the academic autonomy boundary of universities,which are worth paying attention to.This dissertation focuses on the judicial review of the university regulations concerning the conditions of degree awarding in the dispute cases of degree awarding in Colleges and universities.In addition to the introduction and conclusion,the main body of this dissertation is composed of four partsThe first part takes the Guiding Case No.38 and Guiding Case No.39 as the starting point,which are all typical dispute cases of degree awarding with colleges and universities as the defendants.In addition,through the comparison between "Liu Daiying case" and Guiding Case No.38 and No.39,it can be concluded that the issue that this dissertation focuses on is the judicial review of university regulationsIn the second part,we chose 120 cases as the research object.The 207 judgment documents involved in these 120 cases can be classified according to the trial procedure,the year,the reasons why the universities refuse to issue degree certificate and the outcome of adjudication.This part paves the way for the following analysis of the issues reflected in the judgment documents,such as a lack of unified and fixed review mode in the review of university regulations,a lack of unified and clear judgment standards for the legality of the university regulations on disciplinary action and degree granting,and a lack of consensus on how to respect the autonomy of universitiesThe third part is the analysis of the issues reflected in the judgment documents.Taking 207 judgment documents involved in 120 cases in the second part as the research object,this dissertation attempts to sort out and analyze the basic ideas of the people’s court for the legality review of school rules and the issues existing in the reviewThe forth part is the extension discussion of judicial review of university regulations,which combining with the theoretical research results of the legal relationship between University and students and the legal nature and legal status of university regulations.Beside,some novel thoughts and suggestions about these issues will also be proposed in this section,in the view of the necessity,boundaries,standards,methods of judicial review and the defect correction of the judgment resultsThis dissertation holds that in the case of degree awarding disputes,universities do not issue academic degree certificates requires a more sufficient legal basis.And the setting of degree awarding conditions should meet the entity standards and procedural standards at the same time.Under the background of ruling the country and the school by law,it is necessary for judicial review of university regulations in order to protect the legitimate rights and interests of students.But at the same time,it should be noted that such intervention should be limited.When the court reviews the university regulations on which the university decides not to grant a degree,it should focus on reviewing whether the relevant rules meet the criteria of degree granting conditions.Specifically,it should review the entity and procedural standards that set the conditions of degree granting.On the basis of formal examination and purposive examination,It is necessary to further distinguish the examination density according to the distance from the academic core issues:one is academic regulations,the other is nonacademic regulations,and use different standards to review the regulations.At the same time,we should adhere to proportionality principle,correct the mistakes in the trial results,and ensure that both the fundamental interests of students and the academic freedom of colleges and universities are protected.