Author(s)

Shuqing Wang, Yuqing Zhou

Corresponding Author

Shuqing Wang

ABSTRACT

As academic paradise, universities have significant academic professionalism. Based on this, universities should have a high degree of autonomy to formulate and implement university regulations. Academic freedom can be realized only by this. However, the formulation and implementation of university regulations should be subject to the external supervision of legislation, administration, and justice, otherwise it will lead to abuse of the autonomy of universities, and the rights of students cannot be guaranteed, that is, autonomy of universities should be limited. Taking judicial supervision as an example, the autonomy of universities requires judicial intervention to review whether the conduct of universities is illegal, but there has always been a controversial issue: the judicial intervention can only be involved in the review when the students’basic rights such as the education right, or the judicial intervention when other rights are violated intervention? This article believes that “there is right, that is, there is infringement, that is, if there is infringement, that is, there is relief”, judicial practice should break through the limitation of importance theory, and infringement of other rights besides students’ education right should also be included in the scope of judicial review.

KEYWORDS

Colleges and universities regulations, Limited autonomy, Judicial review