University Disciplinary Authority Of The Students' Right To Conflict And Balance

There come many cases in college administration in recent years and more and more people have noted the problem of conflict between the exemplery power of college and educative right of student. With the progress of rule by law in China, legalization the management in college has been an inevitable trend.How to regulate the using of exemplery of college, and how to protect the educative right of student at the same time, are important problems with academic and actual meanings.This article have four parts: 1. boundary of exemplery power of college and educative right of student, including their concepts, senses and legal bases; 2. Description of conflicts of two rights. Through the current typical cases in college, the author described the typical conditions of the conflicts in reality. 3. Analysis of the conflicts between exemplery power of college and educative right of student. The author has analyzed the reasons of conflict, "special power relation"theory, old educational mode of our country, and trational educational morality, are all factors of neglect of educative rights in a long period. 4. Balance of two rights. When the present ligal syetems have just regulation in general to exemplery power of college, some legal principle, including "people oriented" "due process of law", "reservation of law" are more important for balance between the exemplery power and educative right. Even if for some problem belong to college self management clearly, rules by law also could not be violated.In order to comprehend and claim exemplery right correctively, Legal spirits and respects with human being must be insisted. The value selection in college management should base the scientific and humane spirits, serve the final aim of education, and ensure the effects of using the power identical with the goal of setting the power. How to get a balance between the two rights, and how to strenghen the protection of educative right of student as well as college self-managemtent are problems we should solved immediately. Under the large environment of rule by law, illegal college managerial relation, traditional ideas, old behavior are being compelled to go through a deep reformation to meet the entire national development of rule by law. Sense of law and human right shoule be considered firstly, as well as public profits and managerial efficiency. Ensurance and perservation of prompt and reasonable personal right is core value of modernlegal spirit. Resistance of rule by law in management in college needs not only mature rule system for necessary legal order, but also tmderstanding and carrying out of legal sense in everyday management. Legal spirits of rule by law and human right are element concept and sense of value in management in college.