The Judicial Intervention Of University’s Behavior Of Punishing Students

With the increasing number of educational administrative cases in which colleges and universities are the defendants,it has become a basic consensus that the judiciary should be moderately involved in the internal management of colleges and universities.Due to the special legal status of university institution legal person,the power of University punishing students has the dual attributes of "educational administrative power" and "university autonomy",which means that the review of University punishing academic behavior involves the balance of academic freedom,administrative autonomy and the necessity of judicial review.Therefore,the court is faced with the dual theoretical dilemma of the scope and the limit of judicial intervention when it reviews the disciplinary action of colleges and universities.At the same time,through the summary of the current judicial practice cases of College Students’ disciplinary behavior,this paper summarizes the scope standards of judicial intervention of College Students’ disciplinary behavior established in the current judicial practice,and the different types of judicial intervention limits of College Students’ disciplinary behavior included in the scope of administrative litigation.The author found that there are the following practical difficulties in the judicial intervention of punishing students in Colleges and universities.In terms of the scope of judicial intervention,there are some problems,such as the vague standard of the scope of intervention and the small scope of intervention.In terms of judicial intervention limits,the reason why there are different types of intervention limits in the review of school rules,facts and procedures is that it is not clear which school rules belong to the scope of university autonomy and should not be over intervened in the process of court review,and there is no distinction between academic and non academic reasons in the process of fact review,As well as the procedure review process did not distinguish the type of punishment caused by rigid procedure review.In order to better solve the dilemma faced by the court in the review of university disciplinary action,this paper puts forward some suggestions on the judicial intervention of university disciplinary action on the basis of theoretical and practical research.In view of the scope of judicial intervention,this paper puts forward specific standards for the division of the scope of judicial intervention,and clarifies the scope of judicial intervention on this basis.In view of the limit of judicial intervention,this paper puts forward the specific standards of the limit of judicial intervention from three aspects: the review of school rules,the review of facts and the review of procedures.For the review of school rules,it should be based on whether the provisions of the upper law clearly distinguish the limits of review.If the provisions of the upper law only provide for the framework of principle,the minimum limit of review should be adopted for the review of the detailed provisions of the school.Whether the relevant provisions of the school rules are beyond the scope of authority of the upper law should be examined,it is necessary to examine whether the specific content has violated the principle and spirit of the higher law.If the school rules are relatively clear,we should strictly review the limits to see if the school rules are consistent with the upper law.As for the examination of facts,it should be divided into academic reasons and non academic reasons according to whether the fact determination involves academic judgment.For academic reasons,as long as the judgment of colleges and universities is based on the reasonable judgment of substantial evidence,but for non academic reasons,the court should make a new fact determination based on the existing evidence.For the review of procedure,we should distinguish between academic punishment and non academic punishment,and adopt different limits of procedure review.For non academic punishment,we should adopt strict procedure review,while for non academic punishment,we should adopt basic due process review.At the same time,we should be careful to use "revocation" judgment,only when the relevant procedural issues infringe on the students’ right to know,the right to be informed,and the right to be informed When stating the right of defense,it is found that the procedure is illegal and the punishment is revoked.