The lawsuit has finally reached its final stage.

Everyone in the auditorium couldn't help but straighten their bodies, prick up their ears, and listen attentively to the statements of both parties. Since this lawsuit entered the public eye, it has caused many negative waves about Kyoto University, including experimental outsourcing operations.

issues, the signature of scientific research projects, the name of tutors in student papers, etc. Even though Kyoto University has mobilized various channels, relying on its unparalleled advantageous position among Kansai University, it has barely suppressed many issues from public opinion and the public.

Questioning. However, the storm is about to come, and Kyoto University urgently needs a complete court victory to suppress all previous questioning.

Especially considering that Vice President Takeuchi has become a candidate for the Academic Promotion Council. At this extremely important moment, ensure that Takeuchi successfully enters the Academic Promotion Council and further expands Kyoto University’s academic power in allocating Japanese research funds.

, is undoubtedly in the interest of most people in the university. They are even more unwilling to let Kyoto University be entangled in some groundless rumors at this moment, causing Takeuchi's good deeds to be ruined. Many prominent university figures in the court slightly clenched their hands.

, as if holding his breath, looking at the court hearing area with a slightly nervous expression.

At this time, Asakura Yan stood up and looked at the trial seat. He was confident and calm, revealing the elegant demeanor of a top authority. His voice could only be heard saying:

"Chief Judge. The plaintiff filed a lawsuit against the defendant, requesting to revoke the university's decision to deprive the plaintiff of his doctorate degree. The defendant's attorney has previously published the relevant cross-examination opinions and arguments in the trial and will not repeat them here. Here, at the end

During the presentation, the defendant’s attorney must emphasize two crucial issues to the court.”

Asakura Yan's voice paused slightly.

Many people in the auditorium leaned forward without pride, wanting to know what these two questions Asakura Yan was talking about.

The judges on the stage also had very serious and focused expressions, giving this great authority full respect.

The next second, Asakura Yan opened his mouth and said: "The first question is whether the so-called 'due process principle' applies to this case. In this case, the plaintiff's attorney repeatedly emphasized that the defendant Kyoto University

In the process of depriving Mikiko of her degree, the principle of due process was not followed. Let’s leave aside the issue of whether the university’s actions were administrative actions.”

"The so-called due process principle refers to the need to exercise power through legal and fair procedures. But the question is, in this case, is there a legal procedure that Kyoto University must abide by?"

“If we look at the Congressional legislation regarding degree conferral. Among the numerous Japanese codes, the only relevant degree deprivation is Article 53 of the “Regulations on the Conferment of National Legal Person Degrees.” That is, the academic achievements of the applicant applying for a degree have serious

In the event of academic misconduct, the national university legal person can revoke the applicant's degree. In other words, there is only one, and it is the only, provision in the legal provisions of Japan and Japan that stipulates the relevant provisions for revoking the degree.

Matters. Apart from this, there are no relevant legal provisions.”

"The plaintiff's attorney claimed that the principle of due process must be followed for the revocation of the degree." Asakura Hiko seemed to have discovered something, showing a surprised expression: "But where is the legal procedure that Kyoto University must follow? No. Law.

There is no such procedure stipulated that Kyoto University must comply with."

"Then let me ask, if there is no such procedure, how can Kyoto University comply? In other words, the key question whether the principle of due process can be applied to this case is whether we can still apply it even if the law does not provide for the so-called express procedure.

The actions you choose to demand of Kyoto University must be perfect and flawless."

"The disclosure obligations cited by the plaintiff's attorney, etc., are analogizing the university's decision to revoke Mikiko's doctorate to a certain extent as an administrative penalty. However, from the perspective of the provisions of the Administrative Penalty Law, the administrative penalty

The categories only include: warning, notice of criticism, fine, confiscation of illegal income, confiscation of illegal property, temporary suspension of license, reduction of qualification level, revocation of license and restrictions on production and business activities, order to suspend production and business, order to close, restriction of employment, administrative detention, etc.

"

"A degree does not belong to a license, qualification, or permission. It does not belong to the statutory administrative penalty category. The plaintiff's attorney made it clear or implied through various words that Kyoto University's decision to revoke Mikiko's degree must also be based on a certain

To the extent that they comply with the corresponding norms for imposing administrative penalties, this has no basis in law!"

Above the court, Asakura Hiko was careful and careful at every step.

The reasoning seemed impeccable at every step.

"Next, is the second question." Asakura Yan said: "Are we going to overturn such an important decision of the university to revoke a degree because of some so-called procedural flaws in this case?"

"This issue is of particularly important significance to our current era and must be clarified to a considerable extent in today's court hearing."

Asakura Yan's voice emphasized heavily.

The expressions of the judges on the court couldn't help but become more serious. At this moment, all the eyes of the audience were focused on this top Toyo University scholar. At this time, the court hearing seemed to have turned into an administrative law expert.

His lectures were ordinary, and even the judiciary who held the authority became his students.

Asakura Yan continued: "In the old thinking of the maritime legal system, power was regarded as an evil, or a necessary evil. The so-called power leads to corruption, and absolute power leads to absolute corruption. Those with power

A place is a place where evil breeds. Under this old concept of power, a set of so-called separation doctrines on power checks and balances has been developed. People’s first thought is not how to make power operate smoothly, but how to make power operate smoothly.

They are thinking about how to restrict power and obstruct its operation in every possible way."

"From this, we have also seen that countries with maritime law systems have developed a set of judicial reviews specifically targeting the legality of administrative actions. This system was eventually inherited by our country, Dongyang. So, this kind of

Is the rigid view of power correct? In fact, this philosophical ontological view that regards power as evil has long lagged far behind the rapid development of the times. It is different from the rapidly changing social reality and is already outdated!"

"In today's society, there are many areas that require power intervention. Let me give you a few examples, from the most basic traffic signal regulations, elevator maintenance regulations to food safety regulations, etc., to larger ones such as antitrust, knowledge

Property rights, social security, labor relations, etc. It has become necessary for power to interfere with the order formed by the spontaneous development of society. Power is by no means a simple so-called 'evil'. On the contrary, modern society is increasingly inseparable from a group of highly rational people.

group of technocrats.”

"As a result, the functionality of power has gradually attracted the attention of modern academic circles. Compared with the old theory of power restriction in the past, what is now advocated is the division of labor and cooperation of power based on technical rationality. What is important is to make power functional.

role in order to achieve the normal operation of the country. Under this new concept, the principle of procedural due diligence is no longer regarded as a tool to restrict power. On the contrary, the purpose of this principle is to enable power to function normally."

Asakura Yan took a step forward, his tone became more calm and forceful, "Back to this case. Screening whether a certain applicant has circumstances that require deprivation of a degree. This judgment requires the involvement of a high degree of professional knowledge from the academic community.

It is possible to form. What the principle of due process wants to ensure here is that the university has indeed made corresponding decisions based on the professional consensus of the academic community. On the contrary, if we follow the old concept of the power restriction doctrine, we will still rely on some minor flaws in the procedure.

To revoke the decision made by the university, this will undoubtedly damage the judgment made by the academic community based on its professionalism. This will hinder the functional exercise of power."

"To sum up!" Asakura Hiko's voice raised a few points again, "In the absence of clear stipulations of corresponding procedures in the law, the principle of due process advocated by the plaintiff has no room to be applied in this case. Kyoto University has taken various measures to maximize its effectiveness.

The counterparty, Mikiko, was protected. Under this circumstance, there should be no further demands on the university's behavior. The defendant's professional judgment based on the consensus of the academic community should be respected by judicial power. Accordingly, the court should reject all the plaintiff's claims.
Chapter completed!