Tokyo Barrister: Start the law firm bankruptcy

Chapter 476 Start

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

In an instant, it seemed like an electric current passed through Miyagawa's body.This high-achieving female student of Dongda University, who had just graduated two years ago, suddenly saw a road that should not have appeared in her eyes, and appeared in front of her eyes.Like the planets in the vast starry sky, a wonderful rendezvous happened at this moment, and the incredible scenery was truly projected in front of him.

【Administrative Litigation】

[The so-called administrative litigation mainly refers to the legal review of the actions of organs and organizations exercising administrative power.In plain language: the people sue the government.Administrative litigation is a brilliant achievement of the modern rule of law.Its great significance lies in not only declaring that the people must abide by the law, but also that even the king must obey the law.A king who fails to obey the law also needs to undo his actions.The existence of administrative litigation makes everyone equal before the law, which is no longer an empty slogan.In a real sense, those with power and those without power are bound by the law, and they are treated equally before the law, and they are no longer "scholar officials who cannot be punished". 】

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

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

In the legality review, the most important thing is whether to abide by the principle of due process.

For example, whether to comply with disclosure requirements, whether to listen to opinions, to protect the rights of administrative counterparts and stakeholders to know, to participate and to remedy, etc.

That is to say, in the process of depriving Mikiko of her doctorate, whether Kyoto University followed the above procedural requirements and guaranteed Mikiko's corresponding rights.If Kyoto University fails to follow the above procedural requirements, the decision to revoke the Ph.D. degree will not be legal and should be declared revoked.

That way, it doesn't even have to touch on the substance of the case—whether Mikiko plagiarized someone else's paper is enough to challenge the university's decision.

Beiyuan... Beiyuan, he's really amazing...

Miyagawa opened his mouth slightly in surprise.After thinking for a moment, she still couldn't help but said: "But...Beiyuan, there is another question. That is, whether the act of conferring a degree by a university is an administrative act."

Indeed, just now Beiyuan proposed a brand new path.

However, whether the act of conferring degrees by a university constitutes an administrative act is still a problem.

Generally speaking, people's impression of administrative actions is that the corresponding authorities carry out examination and approval, issue licenses, social relief funds, and impose administrative penalties.However, it is still questionable whether such an action, such as the decision to issue degree certificates based on whether students have met the graduation requirements, is an administrative act.

"You're right, Miyagawa." Kitahara smiled softly, "This is what we have to try our best to fight for and study. If we can fight 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 the case.”

Miyagawa's mind was rapidly thinking about this new idea proposed by Kitahara.Although a brand new road appeared in front of us, there were still various thorns all over.

This talented female student who graduated from Dongda University is also very familiar with various judicial decisions and legal regulations.Miyagawa said: "In the past, there were administrative lawsuits filed against students regarding the university's disciplinary action, requesting to revoke the university's disciplinary decision. I remember... I remember it seems to be Asada Saeka v. Aichi Shukutoku University's disciplinary dispute case."

"In this case, the Nagoya High Tribunal decided that the sanction related to the university is not an administrative act. This case has now become a binding precedent. Due to this precedent of the Nagoya High Tribunal, a large number of administrative lawsuits related to university disputes have been dismissed by the court. On the grounds that the case does not fall within the scope of administrative litigation, it is ruled to reject it.”

"Although the precedents of the Nagoya High Court are limited to the punishment of universities, it is different from the revocation of degrees. But... But, I am worried that this... will guide future cases..." Miyagawa's eyelashes slightly Shake up.

"Even if it is a precedent, there is the possibility of change. As long as there is such a possibility, it is enough." Bei Yuan still said flatly.

Even with the High Court precedent against him, the young man was fearless.

On his body, it seems that he really exudes an aura of being able to come with his thousands of horses and horses.

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

Making... making a judgment that is different from the previous precedents... Miyagawa thought to himself, this is already an extremely difficult challenge.

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

The reason is that if the court recognizes that the awarding of degrees by universities is an administrative act, it means that university degrees will be subject to judicial review from now on.As long as there is something illegal in awarding degrees or depriving them of degrees, they are likely to encounter lawsuits.This change will have an extremely far-reaching impact, and no one can predict what kind of consequences will be brought about after such a thing happens.

It has always been a high-ranking and self-proclaimed university.

It also faces judicial scrutiny.

School executives, 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 wants to expose their actions to the scrutiny of the court's magnifying glass.The university will definitely use all its strength to fight this lawsuit and exclude this case from the scope of the court's acceptance.

The smoke has not yet risen.

Miyagawa seemed to already smell the bloody smell of the battlefield.If Mikiko's incident is brought to court, it will definitely cause unprecedented shock in the entire higher education circle in Toyo.

Miyagawa's body suddenly trembled slightly, so... such a case that will have such a major impact is now in front of him.

The things in this world are too incredible.

The night wind blows slowly, blowing the girl's hair.She looked intently at the appearance of the man in front of her.There was still that faintly wicked smile on his face.

At this time, none of the senior leaders of Kyoto University expected that a case that caused a shock in the entire Toyo University community would begin its first step from this night...

(End of this chapter)