Tokyo Barrister: Start the law firm bankruptcy

Chapter 493 Power
"Professor Asakura Yan, why do you have to look like an enemy?"

In the conference room of the research building of Kyoto University, a school manager asked.It was already afternoon, and the university held another seminar on the lawsuit against Mikiko.Since the school held an explanation meeting to the public, this undoubtedly pushed the incident to the public's attention.Today, this is not only a matter of Kyoto University, but also a matter of the face of the National Education Corporation.

In the venue, there were not only high-level officials from the university, but also several officials from the Ministry of Education, Culture, Sports, Science and Technology.The presence of these big figures made the venue even more tense.

"It's just like what I said before." Asakura Yan raised his glasses, "This case itself is not critical. If we only pay attention to this case itself, it would be wrong. It’s a big loss, and a blind eye. What we need to pay attention to is the far-reaching consequences this case may have on the university system.”

"Professor Asakurahiko's great opinion." A secretary of the Ministry of Education, Culture, Sports, Science and Technology said, "We have also seen the materials of this lawsuit against Kyoto University. The absurdity of this lawsuit is obvious. A plagiarist actually wants to Trying to sue the university to get the degree back has reached the point of distorting black and white. How can such an unreasonable case have any far-reaching impact?"

"This statement is wrong." Asakura Yan said, "Yes, this case itself is ridiculous. But, don't forget. Even if we win this case. But as long as the court finds that the university has indeed exercised administrative authority in this case power, then this will mean that the actions of the university will also be included in the scope of judicial review in the future, and anyone who is dissatisfied with the university can follow the judicial channels to file an administrative lawsuit against the university.”

Asakurahiko's voice was not loud, but suddenly it was like a huge boulder falling into the lake, causing huge splashes in the hearts of everyone present.

Although the people present, especially those from the Ministry of Education, Culture, Sports, Science and Technology and the Association for the Promotion of Science are not in the university, they are naturally inextricably linked with the university.I don't know how many secret benefits are conveyed to each other.Although Asakurahiko's words were just to the point.But this is tantamount to telling them that if someone is dissatisfied with these benefit transfer behaviors in the future, wouldn't they also be able to sue in court.

The people who were still underestimating the enemy just now became serious in an instant.They obviously sensed danger from Asakurahiko's words.

"Although I, Toyo University, is a national legal person." Asakurahiko continued, "Academic independence has always been the basic principle pursued by our universities. If every move of the university is subject to judicial intervention in the future, then the university's autonomy in running schools What else is there?"

Asakurahiko emphasized his tone a little more.

The expressions of the dignitaries from the Ministry of Education, Culture, Sports, Science and Technology did not change at all.Can't see any trace of joy, anger, sorrow and joy in their hearts.The use of public funds in Toyo has always been strictly controlled.However, college is an exception.First of all, there is no absolute standard for evaluating an academic work.This has caused no one to judge what the results will be after a large amount of public funds are poured down.

As a result, a large number of gray areas have been created.

Whenever a large amount of public funds arrives in the account, it will instantly attract a swarm of locusts.In the end, the glamorous project came to an end quietly, causing a lot of fluff.

As for where the funds went, it has become a mystery.

Whoever controls the resources controls the power.

The big officials and scholars who controlled the resource valves became the center of power in the oriental academic circle.

In the mutual promotion and mutual evaluation in the circle, there has always been only mutual praise, but no academic criticism.

Criticism is unnecessary, because it can only offend those in power.

What is needed is flattery and flattery.

The university directors present also frowned.At present, the most supervision accepted by the university is from the accounting inspection institute, especially the annual routine audit.However, the Accounting Inspection Institute is a department without real power after all.In many cases, it has no ability to check and cannot continue to check the flow of many funds.Therefore, most of the time there is loud thunder and little rain.You can only lift it high and put it down gently.

But now, if the university's behavior is defined as an administrative behavior, then the relevant laws and regulations that restrained administrative legal persons in the past will also restrain the school.The judicial power of the tribunal is one of the three powers of the country, and it is impossible for universities to resist the infiltration of judicial power.If from now on, the university's actions can really be regarded as administrative actions, and must accept the legality review from the court, then it will indeed be a complete change.

The atmosphere in the conference room became increasingly heavy.After being awakened by Asakura Yan, everyone realized that behind an ordinary lawsuit, it would have such a huge impact on the university.Just such a seemingly vexatious case will push the university to the edge of the trial stage to decide whether it will accept judicial review from the court from now on.

"In that case, doesn't it mean that the university has lost no matter what?" Another secretary of the Ministry of Education, Culture, Sports, Science and Technology said, "Whether it is a win or a loss, as long as the court makes a judgment, it means that the university's behavior is an administrative one. Behavior. That way, even if we win, it means the referee has the power to judge whether we did right or wrong."

Asakura Yan nodded, "However, this does not mean that we can only be captured in front of the enemy. In this lawsuit, we cannot give up our two extremely important grips. The first point is also The most important point is that we must fully deny that the actions of the university include elements of the exercise of administrative power. That is to say, the decision made by the university is not within the scope of administrative litigation and is not bound by court judgments.”

"If the first point fails, then we must firmly hold the second line of defense. Even if some decisions made by the university are administrative actions, the review of such administrative actions does not apply the general principles of administrative law. Instead, the internal regulations of higher education institutions must be applied. That is, we must take into our own hands what is right and wrong.”

In just a few paragraphs, Asakurahiko once again pointed out the key to this lawsuit for the university.

At this moment, all the university students present felt irritated.Just such a trivial lawsuit may have an earth-shaking impact.The territory originally belonged to the vassals, but now it is facing challenges from outsiders.Just overnight, they may face the possibility that their power will be affected by judicial constraints and interventions.The beautiful and peaceful life of those in power in the past was thus broken by Mikiko's lawsuit.

Exactly... Since when did Kyoto University start to face this dilemma...

With Asakura Hiko pointing out the stakes, this top university in the East had to start doing its best to deal with this lawsuit.Power is the best aphrodisiac, not only for women, but also for men.When power is threatened, university executives, who have always seen their heads and tails, must also use their skills...

(End of this chapter)