司法中的学术自治:实践反思与适用优化OACHSSCD

Academic autonomy has actually been downgraded to a discretionary space based on legal authorization in Guiding Case No.39.The constitutional value of academic autonomy has not been fully recognized,making it difficult to respond to the autonomy needs of universities.Academic autonomy,as an institutional guarantee of academic freedom,is specifically implemented as an autonomous education system,among which the relevant provisions of educational autonomy are the main connotation of academic autonomy.As a result,the logic behind some courts breaking away from the legal authorization model and citing the autonomy of educational institutions to expound on academic autonomy has been clari-fied.However,this part of the judgment has not yet formed a unified understanding of the legal effect of academic autono-my in the judiciary.In terms of the scope of review,academic autonomy cannot exclude judicial review,and whether pro-cedural actions in degree granting can be sued should be judged based on their overall impact on degree granting.In terms of review intensity,the court should change its attitude of blindly pursuing academic deference and clarify that academic deference is limited to academic affairs.In terms of review standards,non academic standards are the result of the exercise of administrative power and can be reviewed through the principle of proportionality.The court generally only conducts procedural review of academic standards.