Research On The Legal Risk Of Colleges And Universities In The Management Of Postgraduate Training

The scale of postgraduate education in my country is gradually expanding,and colleges and universities are immediately faced with the dilemma of increasing the difficulty of postgraduate training management.In practice,cases related to "graduate students v.alma mater" have emerged one after another.Under this background,colleges and universities are facing a series of legal risks.The construction of the rule of law on campus can help colleges and universities to prevent the corresponding legal risks.In the form of case study,this thesis conducts a typological analysis by sorting out relevant litigation cases between graduate students and colleges and universities,clarifying the focus of disputes between the two,and proposes relevant measures to build a legal risk prevention mechanism in colleges and universities to avoid similar litigation disputes.To realize the training and management of postgraduates with the thinking of the rule of law.The relevant cases referred to in this article are all quoted from China Judgment Documents Network and Peking University’s Magic Weapon Case Retrieval Website.On the other hand,through a typological analysis of relevant cases,it can be concluded that the legal risks faced by colleges and universities in the stage of postgraduate training and management are divided into legal risks that colleges and universities undertake administrative responsibility and legal risks that colleges and universities bear civil responsibility.For the understanding of these two legal risks,we must start from the litigation disputes between graduate students and colleges and universities.The administrative litigation disputes between graduate students and colleges and universities mainly focus on degree award disputes and student status management disputes.In degree-granting disputes,colleges and universities often reject postgraduate degree-granting applications on the grounds that the graduate students have exceeded the longest study period,failed the degree-granting procedures,or failed to meet the degree-granting standards.The issue deserves further investigation;in disputes over student status management,the decision of expulsion from student status and withdrawal of graduate students made by colleges and universities for violating school rules and disciplines often involves the wrong application of legal norms or illegal procedures.Civil litigation disputes between graduate students and colleges and universities mainly focus on campus security management disputes and copyright disputes.On the one hand,in cases where personal rights such as abnormal death of graduate students,laboratory accidents,and third-party injuries are violated,we need to explore in depth what kind of legal risks colleges and universities are facing and how to prevent such legal risks;On the one hand,colleges and universities also face certain legal risks in the issue of the ownership of the copyright of postgraduate dissertations,the legal responsibility of universities in academic misconduct,and the sub-licensing of dissertations.In view of many problems in judicial practice,colleges and universities can construct legal risk prevention mechanism in several aspects: first,perfect the degree granting procedure and set the degree granting standard reasonably;Second,do well in the legality and application of the internal student management regulations in colleges and universities,and strictly follow the legal procedures;Third,improve the school safety management regulations and fulfill the safety guarantee obligations in daily management;Fourthly,strictly examine the academic misconduct in postgraduate academic papers and do a good job in the development and management of dissertations.