Analysis Of The Conflict And Balance Between The Right To University Management And Students The Right To Education

The higher education expands along with 1999 incurs the policy to start to implement, our country higher education scale suddenly grows, the university expanded incurs has opened in the Chinese higher history of education a brand-new page .In the short 56 years ,the university recruitment of students expands nearly three accompanies ,the mainland China public college is implementing the country related education administration ,the investment, the recruitment of students ,the school administration ,the teaching scientific research ,the graduation employment and so on the various reform measure .But our country present education laws and regulations except "Educational method" and "Higher Educational method" respectively are in 1995,in 1999 execute, it came apart with the time place does not calculate many, but these two legal rule all quite general and was abstract. But as the instruction practice regulation, the stipulation like "Degree Rule"," College Student Behavior Criterion" as well as "Ordinary College Student Act of administration" actually was separately formulates in 1981, in 1989 and in 1990, until now already some several 20 years history. These stipulation all varying degrees had the planned economy and that time education administration thought strong color, its content many for prohibition, restrictive regulations, was clear about the student right to be few, the voluntary right was not equal. Some stipulations or conflicts with the law, or lacks the legal basis, the content is illegal and so on. Such legal laws and regulations obviously are unable to instruct the actual work, this has created the school administration legal blind spot.It is well known, since the reform and open policy, our country has had the very big change, the education has also faced the unprecedented new situation, however following actually appeared a series of with the university related case, for instance, Zhang Wang sues that the university of Southeast not legally fulfills the legal responsibility supplementary administration compensation document; The Beijing union university building materials light industry institute sue the Beijing Xuanwu district price inspecting office illegal administration punishment document; Qi kaili sues the Beijing scientific and technical university person damage compensate document; As well as will arouse wide spread interest and warm discussion in 1998 in the society, Tianyong sues the Beijing scientific and technical university managed is improper, the abuse of power, encroaches upon it to educate the power; In 1999, Liu Yanwen sues the Beijing University to refuse to issue doctorial certificate the; And Liu Yanwen sues the Beijing University degree to evaluate the committee document; In 2000, Yu Dandan sues the Xiangfan institute by to cheat in the studies test, makes the punishment not full reason and the legal basis order to leave school, the college repeatedly appear in the court, in which belongs to the defendant side the situation to be in the majority, but also has belongs to the plaintiff side the situation(for example front to state Beijing union university building materials light industry institute to sue Beijing Xuanwu district prince inspecting office illegal administration punishment document). But this a series of cases appearance, has initiated the people from the different side to our country higher education system, the related legal laws and regulations, as well as in the judicial practice some questions ponders and the discussion, had reflected the disciplinary punishment power and the student are educated the power the reality conflict to deepen, the entity rule flaw, the procedure rule lack as well as the relief channel is impeded all is causes the disciplinary punishment power with to educate the power unbalanced reason, and how to restrain the school disciplinary punishment power to carry on the rules and regulations, realizes two benefits balances, all has the very big significance in the theory and the solid service, this has all caused the legal science theory and the solid service enormous attention. Although on Septemberl, 2005, it starts to execute "Ordinary College Student To manage Stipulation" to consummate the appeal processing procedure, established the board of appeal which by the school person in charge, the function department people in charge, the teacher representative, the student representative was composed. But, to student's disciplinary action, expels from school this to involve the citizen constitution basic right in particular (educates power) the disciplinary action, merely stipulated the appeal the relief way, reveals too is unitary. As the most direct formidable sponsor's student, only can passively accept the school to award or not to award the educational certificate, the degree certificate. The present related legislation even company appealed the way had not stipulated. "The student shape considers the school" the phenomenon appearance, on the one hand explained our country society legal system progress and the student rights of citizens consciousness enhancement, dares through the legal channel to defend own legitimate rights and interests; On the other hand, also shows the school disciplinary punishment power formidable to educate with the student the power safeguard soft and weak, further explained the universities administration right infringement relief in sufficiency, the relief way simplification, the judicial relief surfacing and provide relieved the procedure mystery, also reflected the appeal key accepted fuzziness which the scope corrected decides, the standard non-uniformity, the scope owes the accuracy.Then, the universities authority is what kind of nature right or power? How to limit the student educated the power? Why the university authority and the student educated the power existence conflict originally in, how solves? Revolves such question, this article attempts to discuss.