The conflict between university management authority and students’ right to education has become increasingly prominent, making educational administrative litigation an important arena for rights relief. Grounded in the transitional era from a legal vacuum to rule-of-law review, this paper is committed to constructing a refined normative system for legality review. At the level of legal reservation, the paper advocates breaking the traditional myth of blanket authorization by distinguishing administrative disciplinary actions from academic evaluations based on the nature of the conduct—the former subject to strict reservation while the latter being relaxed. At the level of the proportionality principle, through tiered tests of appropriateness, necessity, and proportionality in the narrow sense, the paper seeks to substantively correct the discretionary power of universities. Notably, the review paradigm also requires deep transformation—seeking a dialectical balance between the expansion of due process principles and deference to academic autonomy, promoting the review standard from formal legality to substantive legality, and ultimately achieving good law and good governance in the field of education.
Yunqi Liu (Thu,) studied this question.