In recent years, carry out as what put on record registers a system, administrative lawsuit received the new page of development, the amount of administrative lawsuit compares a year one year tall, driving an executive authority lawfully on administration, had main effect, in the theory of administrative lawsuit and practice development, made cannot the contribution of oversight.
But administrative lawsuit amount involves the big setting that rise, about teaching an orgnaization especially the administrative lawsuit of the education management of the college, it is little however little. Cause such cause, because knowledge of social masses law is defective,basically be, and vacancy of law of the report of concerned respect, general, conduct propaganda, bring about the masses to understand inadequacy to the property of the college. When waiting for punishment to one's status as a student of college record a demerit, discharge face to face, dare not object, do not know how to object.
But, as some closer year of bad-mouth that the society teachs quality to the college, each district college opens those who give discharge one's status as a student to punish sheet in succession.
Academic punish is meddlesome, can make full use of college resource, promote college learning the standard, increase the social competition ability of the school and student. But undeniable is, the college pursues the principle of make concessions to avoid trouble for years, lie between when old hind the big stick-means of intimidation that takes punishment suddenly, whether depend on lawfully compasses is right of the student violate compasses behavior to undertake handling, remain to observe.
As the individual, if face college punishment, when thinking its are unreasonable, illegimate, should brave take legal weapon, will solve through legal approach. Coming is to help his want a reasonable solution, 2 come, have many judicatory judge only, ability is better, faster drive the promotion that the college is teaching the level on management, punishment and progress.
To the college punishment refuses to obey of to lodge a complaint, although the amount is little, but can have now and then, highest courtyard also expresses clear point of view in the court decision: "The serious effect such as the discharge one's status as a student that the student that violate discipline makes in the light of colleges and universities its suffer the punish that teachs the right to decide to lodge a complaint, people court ought to give accept. People court is in when hearing this kind of case, should basis law laws and regulations, consult regulations, can consult colleges and universities is not disobeyed go up a law and the school age school regulations that announces already formally. Can consult colleges and universities is not disobeyed go up a law and the school age school regulations that announces already formally..
In fact, also many colleges are violated compasses, violate the punishment that make, of the cancel after passing forensic suit. To help great master farther understanding concerns a situation, special education of top people court punishs attach judgment. Train of thought of the basis that punishs to the college among them, judgment undertook relatively detailed treatise, have referenced sense.
Note: Be achieved formerly by palpability of some public trumpet call as a result of judgment, the person that consider a pen undertook to the court decision substantially cutout is decreased, if have fun at,understanding adjudicates content, the welcome is clicked textual examine complete court decision.
Top people court
Administrative report
(2011) carry a word all right the 12nd
Application rehear person (appellant of first instance accuser, 2 careful) manna.
Attorney Zhan Zhongle, beijing University professor.
By the applicant (first instance the accused, 2 careful appellee) and south university.
Legal representative Hu Jun, this officer president.
Attorney Li Baiqiao, this school teacher.
Because manna of application rehear person appeals to by applicant and south university discharge one's status as a student decides one case, refuse to obey court of intermediate people of city of Guangdong province Guangzhou (2007) spic goes Sino-Frenchly eventually the 709th administration adjudicates the word and Guangdong saves senior people court (word of inspect of travel of high standard of 2010) another name for Guangdong Province rejects rehear the 6th number to apply for an announcement, apply for rehear to this academy. After this academy classics is examined, think primary go into effect adjudicates the likelihood exists the case of applicable law mistake, with (word of 2010) travel inspect arraign of ruling of the 1023rd administration this case. After this case bring to trial, this academy comprises collegiate bench to made public open a court session to hear this case lawfully. The attorney Zhan Zhongle of manna, Zhan Zhongzhuo, and south heavenly body of world of the attorney Li Baiqiao of the university, land joined suit to front courtyard. This case already was tried now terminative.
Court decision of final judgment of court of intermediate people of city of Guangdong province Guangzhou holds the following fact: Manna former department and south linguistics of courtyard of university China literature and applied linguistics major graduate student of 2004 class Master. Between 2005, when manna is attending paper of course of compose of goal of family of special subject of grammar of contemporary Chinese language to take an exam, referred " about " coming " last a period of time develops " exam paper, the exam paper that teacher assuming a tax discovers to its are offerred is borrowed from Internet, after having criticism, education to its then, the requirement rescripts paper. The exam paper that manna provides the 2nd times to teacher assuming a tax " shallow discuss northeast and dialectal verb " go to " " , be held the post of again class teacher discovery and publish at " journal of Jiang Han university " 2002 the 2nd period " northeastern character verb " go to " grammar and semantic feature " one language is similar. On March 8, 2006, and south the university is made and learn [2006]7 date " the decision that handles about giving discharge of manna of Master graduate student one's status as a student " , give manna discharge the disciplinary action of one's status as a student. Manna refuses to obey, to Guangdong the province teachs hall to lodge a complaint, office of Guangdong province education teachs a law at making another name for Guangdong Province on May 16, 2006 [2006]7 date " student appeal decides a book " , think and south the program that the university makes disciplinary action to manna is disobeyed " and south college student violates discipline punish to carry out detailed rules " thirtieth 3 regulation, the state authority that affects manna, appeal authority reachs the exercise that hearing of witnesses counterpoises, do not accord with " average college student administers a regulation " fiftieth 5, fiftieth 6 regulation, instruct and south the university makes processing afresh to the behavior violating discipline of manna. And south the decision postscript that the university receives Guangdong to visit educational office, give manna mother Zhao Xiaoman at will investigating conversational requisition service on June 1, 2006, undertake investigating at violating discipline incident with respect to manna that day. On June 2, 2006, and south the punish that student of college of Xiang Jina of courtyard of university China literature violates discipline to handle council office to suggest to give manna discharge one's status as a student. On June 6, and south college graduate student the ministry is referred to school leadership about give one's status as a student of discharge of manna of Master graduate student to treat a report, the proposal makes the processing of discharge one's status as a student to manna. On June 7, and south the university informs the processing that violate discipline book service to give manna mother Zhao Xiaoman, made inform note. On June 13, 2006, zhao Xiaoman makes material of allegation, averment and south university. And south the university also made a record to manna state argue one's case. On June 15, 2006, and south college student violates discipline to handle committee to sit a meeting, the decision gives manna discharge the disciplinary action of one's status as a student, refer the opinion that gives manna discharge one's status as a student disciplinary action president office conference to undertake discussion. On June 19, and south the university is held the 16th times the president did public meeting 2006, the conference decides the disciplinary action of one's status as a student of allow manna discharge, made and learn [2006]33 date " about rendering one's status as a student of discharge of manna of Master graduate student the decision of punish " (one's status as a student of discharge of the following abbreviation decides) , make disciplinary action of discharge one's status as a student to manna. On June 21, and south the university decides disciplinary action to service gives Zhao Xiaoman. On June 23, and south the university decides discharge one's status as a student to send manna through express delivery EMS again.
First instance: 27 years on June 11, manna with and south the decision of discharge one's status as a student that the university makes reachs punishment without legal basis too heavy for, mention to court of people of division of Guangzhou city the Milky way administrative lawsuit, request cancel and south the discharge one's status as a student that the university makes decides and bear case legal cost. Court of people of division of Guangzhou city the Milky way with (court decision of the 62nd administration kept the word at the beginning of travel of 2007) nature law decision of discharge one's status as a student. Manna refuses to obey mention appeal.
2 careful: ? Be stupefied " does bits of quiet Fu elder brother spend heir is of heart of of Xin of core of Ji of a unit of length of dome ㄔ brown small?
Rehear: Manna saves senior people court to apply for rehear to Guangdong after, this courtyard with (word of inspect of travel of high standard of 2010) another name for Guangdong Province rejects rehear the 6th number to apply for an announcement to reject its review application. Manna applies for rehear to my courtyard. In careful of this academy front courtyard, the fact that bilateral party adjudicates to place is maintained to primary go into effect all consentient, after this academy classics is examined, give lawfully affirm.
This academy is mixed during check after arraign, ever organized bilateral party to undertake harmony for many times early or late. But and south the university holds to not decision of one's status as a student of discharge of proper motion cancel, and manna insists to be in and south university not below circumstance of decision of one's status as a student of discharge of proper motion cancel, the economy that does not accept any forms is compensated or compensate for, consequently both sides fails to reach reconcile. After front courtyard careful, manna again to this academy written specification, because had lost 5 years of best time, its already were not willing to return the school to trim school work.
This academy thinks, student of colleges and universities ought to be abided by " code of conduct of student of colleges and universities " , " student of common colleges and universities administers a regulation " , abide by the school age school regulations that colleges and universities makes lawfully. The student borroweds in what take an exam or exist in compose paper process behavior ought to be handled, colleges and universities also has authority to give corresponding disciplinary action lawfully. But colleges and universities should be abided by to the student's punish " student of common colleges and universities administers a regulation " fiftieth 5 regulations, accomplish a program proper, evidence enough, basis is clear, qualitative accurate, disciplinary action is appropriate. It is especially when the disciplinary action that makes the immediate impact such as discharge one's status as a student suffer education to counterpoise to violating Ji Xuesheng, ought to hold to punish and principle of educational photograph union, accomplish Yo person to be this, punish when its duty, make violate Ji Xuesheng to get fairness is treated. The serious effect such as the discharge one's status as a student that the student that violate discipline makes in the light of colleges and universities its suffer the punish that teachs the right to decide to lodge a complaint, people court ought to give accept. People court is in when hearing this kind of case, should basis law laws and regulations, consult regulations, can consult colleges and universities is not disobeyed go up a law and the school age school regulations that announces already formally.
" and south college student administers provisional regulation " fiftieth 3 (5) regulation, piracy, borrowed other research achievement, the clue is serious, can give discharge one's status as a student disciplinary action. " and south college student violates discipline punish to carry out detailed rules " the 25th regulation, piracy, borrowed other research achievement, inspect clue weight, give stay school look carefully at or punish of discharge one's status as a student. And south afore-mentioned regulations of the university are a basis " student of common colleges and universities administers a regulation " fiftieth 4 (5) the regulation is made, because this cannot be violated " student of common colleges and universities administers a regulation " the legislative original idea of corresponding article. " regulation of government of student of common colleges and universities " fiftieth the case that listed 7 kinds 4 times to be able to give student discharge one's status as a student disciplinary action, among them (4) and (5) because the exam violates Ji Ke to because of,be mixed with discharge one's status as a student,listed respectively piracy, borrowed other research achievement is OK the case of discharge student one's status as a student, made specific provision to the corresponding clue that violate discipline. Among them (5) what weigh " piracy, borrowed other research achievement " , the school student such as department finger height perhaps publishs published academic article, book in project, dissertation, and in the research fruit that bears scientific research task, existence piracy, borrowed the case of other research achievement. Alleged " the clue is serious " , the department points to piracy, borrowed behavior is had use other illegally to study achievement measure the much, place that takes in overall positive result important, proportion is large, the measure is harsh, or social influence is big, right school reputation creates the situation such as bad influence. Manna serves as curricular paper is submitted in school graduate student, belong to a kind of form that course assesses, although be put among them,borroweding behavior, also do not attribute the situation of this regulation. Accordingly, and south university discharge one's status as a student decides cite " and south college student administers provisional regulation " fiftieth 3 (5) and " and south college student violates discipline punish to carry out detailed rules " the 25th regulation, attribute applicable law mistake, should grant cancel. One, court decision of 2 careful court is maintained show belong to undeserved, should grant to correct. Decide in view of discharge one's status as a student already become effective is carried out actually already, manna already leave school is old and at present already innocently return to school after the vacation continues to learn, cancel discharge one's status as a student decides to already did not have real significance, but the illegal sex that this discharge one's status as a student decides still should give affirm.
On put together, according to " procedural law of administration of People's Republic of China " the 61st (2) with top people court " about implementing procedural law of administration of < People's Republic of China > the explanation of a certain number of problems " fiftieth 7 the 2nd (2) regulation, the court decision is as follows:
One, court of intermediate people of city of Guangzhou of cancel Guangdong province (2007) spic goes Sino-Frenchly eventually the 709th administration adjudicates the word and court of people of division of Guangzhou city the Milky way (the 62nd administration adjudicates the word at the beginning of travel of 2007) nature law;
2, affirm and south university and learn [2006]33 date " about rendering one's status as a student of discharge of manna of Master graduate student the decision of punish " break the law.
One, 2 careful case accepts cost to add up to RMB 100 yuan, by by applicant and south university burden.
This court decision is final judgment to adjudicate.
Presiding judge Guo Xiujiang
Judge Duan Xiaojing
Acting judge Gengbao is built
2 0 one by one year October 25 days
Clerk Xu exceeds
