论高等学校对司法审查的回应

近年来，高等学校常祓推上行政诉讼的被告席，从而引起人们对高等学校的法律地位的反思。法律赋予高等学校的权利，实际上具有行政权力性质，对学生的权利有着巨大的影响，应当接受司法审查。但高等学校乃是特殊的社会组织，司法审查的介入范围也应该是有限制的。高等学校作为对社会承担特殊责任的社会组织，对行政法治在高等学校的深入贯彻则应作出积极的回应。一方面，高等学校应成为行政法治原则的实践和示范；另一方面，高等学校应成为实践正当程序原则的先行。

FEEDBACK ON JUDICIAL EXAMINATION FROM INSTITUTIONS OF HIGHER LEARNING

In recent years, the fact that some colleges and universities were often pushed on to the defendant's seat in an administrative lawsuit has led people to rethinking of the legal status of institutions of higher learning. The right endowed upon the institution of higher learning by the law is in essence characterized by administrative power that greatly affects the rights of the students, and thus has to accept judicial examination. The institution of higher learning is,however, a special form of social organization, and so the involvement of judicial examination in it has to be limited. The institution of higher learning, as a social organization, is responsible for the society to take up special tasks, and should take an active response to the prosecution of the administrative law and regulations in it. The institution of higher learning should serve as an implementer and demonstrator of the administrative law and regulations on the one hand, and become a pioneer is practicing the principle of rational and legitimate procedures on the other.