Abstract:

The university charter should play its due role in the adjudication of cases involving the university as a party. The connotation of the application of the university charter of association in judicial practice can be grasped from two aspects: the binding force and legal nature of the university charter of association, in order to reflect the mechanism, value, significance, and institutional foundation of the application of the university charter of association in judicial practice. Through reviewing relevant cases, it has been found that the role of the university charter in judicial adjudication is not yet fully realized. The main reason is the inconsistent nature of university management behavior in judicial adjudication, the inconsistent boundary determination of judicial intervention, and the inconsistent determination of whether it belongs to legitimate rights and interests. Therefore, the court should use "the same case and the same judgment" as the basis for judgment, use analogical reasoning as the specific operation method, and meet three requirements in specific operations: consistency in constituent elements, relevance in legal conclusions, and commonality in practical reasons.

Key words: university charter, application of adjudication, legal sources, same case same judgment