Research On Judicial Review Of University Regulations

Since the Tian Yong case,it has become a common saying in the academic circles that colleges and universities can be qualified defendants in administrative litigation,and has been recognized in judicial practice.However,while the legitimacy of the judicial review of university regulations is fully affirmed,there are differences between the theoretical and practical circles on how to carry out the judicial review of university regulations.Therefore,the judicial review of university regulations is still a problem worth studying.Taking the university degree dispute case as an example,this paper studies the judicial review of university regulations through empirical research,which is divided into four parts:The first part studies the basic issues related to the judicial review of university regulations,mainly including the legal status of universities,the meaning and legal attributes of university regulations,and the relationship between university regulations and administrative normative documents.The second part,through the analysis and exploration of the selected degree dispute cases from the six dimensions of causes,trial levels,judgment results,the way the court started the judicial review of university regulations,the basic ideas of the review and the review results,grasps the context of the court’s judicial review of university regulations as a whole,so as to realize its dynamic observation.The third part,based on the case analysis,analyzes the factors that affect the review results from the legitimacy review results of the school regulations,so as to clarify the problems existing in the judicial review of the school regulations by the courts in the judicial practice.The fourth part,based on the research of the first three parts,combined with the existing theoretical research results,puts forward some suggestions and Countermeasures for the improvement of the judicial review of university regulations,specifically from three aspects: the starting mode of the judicial review of university regulations,the legal attribute of the degree granting right and the standard of judicial review.