Research On The Standardization Of Academic Committee In Colleges And Universities From The Perspective Of Legitimacy Review

As the highest academic institution in the university,the academic committee enjoys the power to make decision-making,consider,evaluate and consult the internal academic affairs.The power exercised by university academic committee is academic power and belongs to public power,which can have an important influence on the right to education,development,development,reputation,freedom to choose jobs and obtain fair evaluation.Its power comes from the freedom of scientific research in the Constitution,and belongs to the scope of social power,and the exercise of its power should be carried out according to law.The academic power exercised by the academic committee is characterized by non-state,autonomy and dominance,and the academic power is also interfered by administrative power in the process of academic power.Based on the above reasons,the operation anomie of the academic committee will have a significant adverse impact on the rights and interests of the teachers and students.Therefore,it is necessary to examine the legitimacy of the standardization of the academic committee.At present,there are not a few cases of academic disputes between teachers and students and universities in judicial practice in China.From the perspective of appropriate,academic disputes between universities and teachers and students are directly or indirectly related to the exercise of the power of academic committees,such as degree award,professional title evaluation and the formulation of academic standards.However,when dealing with such disputes,the courts are faced with problems such as the inconsistent examination standards,too narrow the scope of accepting cases,and the difficulties in the substantive regulation of academic disputes.To review the legality of the standardization of the academic committees of colleges and universities,the "whole process" management mode should be used: that is,it should be conducted in three stages before,during and after the event.The preventive review should be conducted in advance,and the legitimacy review of the basis of the academic committee should be made in advance;the disputes should be properly resolved in the matter.The court should review the legal disputes caused by the exercise of the power of the academic committee of colleges and universities in two dimensions,and when reviewing the relevant legal disputes of the academic committee,it should review the procedural and substantive issues according to the differences of the matters.In a procedural review of the exercise of powers,The focus is to examine whether the information of the university academic committee is open,whether a hearing is held,whether the relevant personnel withdraw,whether the meeting minutes are made,and whether a reasonable complaint system is provided for teachers and students;In a substantive examination of the exercise of authority,The focus is on reviewing whether it complies with the requirements of legal retention principles and proportionality principles;The improvement of relevant legislation should be promoted in time afterwards,Clear what matters can be subject to legitimacy review;In addition,the To improve the legal and norms for academic dispute settlement,Such as education mediation,education arbitration and other legal norms,We will improve the legal norms of the reasonable connection between various relief means.It is necessary to reasonably grasp the limit of judicial intervention in academic disputes,and the judicial intervention should not play a role in safeguarding the legitimate rights and interests of teachers and students if too shallow.The judicial intervention is deeply afraid of the suspicion of interfering in academic freedom.