"Administrative litigation." Kitahara's voice sounded in Miyagawa's ears.

In an instant, it was like an electric current passed through Miyagawa's body. This female top student from Tokyo University, who had just graduated two years ago, suddenly saw a road that should not have appeared in her eyes. It was like a planet in the vast starry sky.

, a wonderful intersection occurred at this moment, and the incredible scenery was truly projected in front of me.

【Administrative Litigation】

[The so-called administrative litigation mainly refers to litigation that examines the legality of the actions of agencies and organizations that exercise administrative power. In simple and easy-to-understand terms: it is people suing officials. Administrative litigation is a brilliant achievement of the modern rule of law.

Its great significance is that it not only declares that the people must abide by the law, but also declares that even the king must abide by the law. A king who fails to abide by the law also needs to withdraw his actions. The existence of administrative litigation makes everyone before the law

Equality is no longer an empty slogan. In a real sense, both those with power and those without power are bound by the law and are treated equally before the law. It is no longer "a scholar-official who cannot be punished".]

The moment he heard this word, Miyagawa suddenly realized why during the day, Kitahara would say that Mikiko plagiarized her thesis and revoking her doctorate were two different issues.

In administrative litigation, the focus is on legality review, while the substance of the behavior is secondary.

In the review of legality, the most important thing is whether the principle of due process has been followed.

For example, whether disclosure requirements are followed, whether opinions are listened to, administrative counterparts and interested parties’ rights to know, participation rights and relief rights are protected, etc.

That is to say, when Kyoto University deprived Mikiko of her doctorate, did it follow the above-mentioned procedural requirements to protect Mikiko’s corresponding rights? If Kyoto University fails to follow the above-mentioned procedural requirements, it will result in the decision to revoke the doctorate not being legal.

sex, and should therefore be declared revoked.

In this case, it is enough to challenge the decision made by the university without even touching on the substantive issue of the case - whether Mikiko plagiarized other people's papers.

Kitahara...Kitahara, he is really powerful...

Miyagawa was so surprised that she opened her mouth slightly. After thinking for a moment, she couldn't help but said: "But...Kitahara, there is another question. That is, is the act of granting degrees by the university itself an administrative act?"

Indeed, Kitahara had just proposed a brand new path.

However, whether the university's act of awarding degrees constitutes an administrative act is still a question.

Generally speaking, people's impression of administrative actions is that the corresponding agencies carry out examination and approval, issue licenses, social relief funds, and impose administrative penalties. However, the decision to issue a degree certificate is based on whether the student has met the graduation requirements. Such a

There is still doubt whether the action is an administrative act.

"You are right, Miyagawa." Kitahara smiled softly, "This is what we should try our best to fight for and study. If we can strive to identify such an act as an administrative act, then there is no doubt that we will

Able to turn disadvantages into advantages and take the initiative in cases.”

Miyagawa's mind was rapidly thinking about this new idea proposed by Kitahara. Although a brand new road appeared in front of him, it was still full of thorns.

This female top student who graduated from Tokyo University is also very familiar with various judicial decisions and legal regulations. Miyagawa said: "In the past, students have filed administrative lawsuits against university sanctions, requesting that the university's disciplinary decisions be revoked.

.I remember... I remember it was the disciplinary dispute between Asada Sauna and Aichi Shukutoku University."

"In this case, the Nagoya High Court ruled that the sanctions related to the university were not administrative actions. This case has now become a binding precedent. Due to this precedent of the Nagoya High Court, a large number of administrative lawsuits related to university disputes have been

The court ruled that the case was dismissed on the grounds that it did not fall within the scope of administrative litigation.”

"Although the precedent of the Nagoya High Court is limited to the disciplinary action of the university, which is different from the revocation of a degree. But...but, I am worried that this...will have a guiding role in subsequent cases..." Miyagawa's eyelashes

Shaking slightly.

"Even if it is a precedent, there is a possibility of change. As long as there is such a possibility, it is enough." Beihara said in a calm tone.

Even though there was an unfavorable precedent from the High Court in front of him, this young man was still fearless.

His body seemed to really exude a temperament that could be attributed to his thousands of troops.

It seems that as long as you give him a pen and enough paper, he can make unprecedented waves in the legal world.

Making... making a judgment that is different from previous precedents... Miyagawa thought in his heart, this is already an extremely difficult challenge.

However, the significance of this case goes far beyond changing a precedent.

The reason is that once the court recognizes that the awarding of degrees by universities is an administrative act, it means that from now on the university's degrees will be subject to judicial review. As long as the awarding or deprivation of degrees is illegal, it will

It is possible to encounter lawsuits. This change will have extremely far-reaching impacts. No one can predict the consequences of such a thing happening.

A university that has always been aloof and boasted of being extraordinary.

They also face judicial scrutiny.

School leaders, who used to have almost imperial power, will also face legal challenges from students.

This is an unprecedented change to the university ecology.

There is no doubt that the university will not allow the court to extend the tentacles of judicial review into the campus. No one will be willing to have their behavior exposed under the magnifying glass of the court. The university will definitely use all possible means.

Use your strength to fight this lawsuit and exclude this case from the court's scope.

The smoke has not yet risen.

Miyagawa seemed to have already smelled the bloody smell of the battlefield. If Mikiko's incident was really brought to court, it would definitely cause unprecedented shock in the entire higher education community in Japan.

Miyagawa's body suddenly trembled slightly, so...such an incident that will have such a significant impact is now right in front of him.

The things in this world are really too incredible.

The evening wind blew slowly, blowing the girl's hair. She looked intently at the man in front of her. He still had that vaguely evil smile on his face.
Chapter completed!