The Research On The Legal Countermeasures Of The College Students’ Mass Incidents

The tendency of the growth of the college students’ mass incidents suggests thatthe current countermeasures of the college students’ mass incidents are lack ofeffectiveness. The effective prevention and resolution of the college students’ massincidents will impact on the stability and harmony of colleges and universities, andimpact on the stability of the whole society. Our country is in the period of socialtransition, and facing the new situation of the new features of the college students’mass incidents, the colleges have to rethink and refactor the countermeasures. Weshould survey the advantages and disadvantages of current countermeasuresobjectively, and construct the effective, legal countermeasures system based on theperspective of the constitution and administrative law. At present, the research of thelegal countermeasures of the college students’ mass incidents is less and it is notenough systematic. And the research of the legal resolution mechanism of the massincidents is thriving. Therefore, we can target and transplant the legal countermeasuresof the mass incidents into the resolving process of the college students’ mass incidents,and it is bound to strengthen the actual effects of the college students’ mass incidents.Moreover, it will have the positive significance to maintain the harmony and stabilityof the colleges and universities.From the perspective of sociology, the college students’ mass incidents are theconcentrated reflection of conflicts between the college and the students, and it has itspositive function. For example, the college students’ mass incidents provide thecolleges an opportunity to adjust itself, and it can promote the colleges and universitiesto maintain stability. The college students’ mass incidents could inspire the newsystems of colleges and universities. And it is the important balance mechanism ofconflicts; it could help to achieve the dynamic equilibrium relationship between the college and the students. The college students’ mass incidents are a "safety valve" ofthe stability of colleges and universities.The college students’ mass incidents is an important method of students groups’interests expression, and from the perspective of law, it is the private remedy of thecollege students when they couldn’t receive the public remedies. The legal analysis ofthe college students’ mass incidents is as follows: The nature of the college students’mass incidents is the conflicts between the administrative management in college andstudents’ rights; the root of the college students’ mass incidents is the damages of thestudents’ rights from the power of college. The key to the management of the collegestudents’ mass incidents is in accordance with the law of country and the articles of thecollege. In short, the capacity of institution of Chinese legislation on mass incidentsand the college students’ mass incidents is the key to the steady development ofcolleges and universities. And the institutional capacity depends on the degree ofdemocratization of college, the developed degree and the diversity of the students’groups of college, the balance level between the power of college and students’ rights.Through the eight years’ survey data of2005-2012, the three research subjects ofthe Ministry of Education related to the college students’ mass incidents and thestability of colleges, we can analyze the current situation and new features of thecollege students’ mass incidents. Comparing the new features with the features of1989-2000, we can analyze the new features and dig into the roots of the new tendencyand new features. We can construct the legal countermeasures system of the collegestudents’ mass incidents based on the empirical data. The new features of the collegestudents’ mass incidents are as follows: The cause of the college students’ massincidents is moves political aspirations primarily to interests appeal primarily. Fromthe "stability" discourse system to the "harmonious campus" discourse system, thecolleges begin to pay attention to the construction the harmonious relations betweenthe college and the students. The colleges’ concept of prevention and manage of thecollege students’ mass incidents begins to change from the attention of the later copingstrategy to the attention of the whole course. And it changes from a single disposal ofthe defend department to the jointly coping with the every department. The management of college for the college students’ mass incidents is changed politicalmethods to legal methods.There are many defects on the existing countermeasures of the college students’mass incidents; especially there are many legal defects on the countermeasures.However, the facts are that we construct the countermeasures system of the collegestudents’ mass incidents, with emphasis on the legal control of the college students’mass incidents, we must synthetically use of the legal, moral, political, economic,culture and other methods to achieve the effective prevention and control to the collegestudents’ mass incidents. The current countermeasures of the college students’ massincidents mainly include: prevention mechanism; Coping mechanism; the aftermathmechanism coping with the mass incidents. There are many defects on the currentcountermeasures as follows: the management concept and model of theone-dimensional and suppression of existing countermeasures, it couldn’t establish aharmonious relationship between the college and the students. The transparency of theexisting countermeasures is poor, and it couldn’t facilitate the communication of thecollege and the students. The low degree of standardization of the existingcountermeasures, system and legal system construction are weak; it is not conductiveto maintain the rights of the students. The effectiveness of the student’ right remediesmechanism is poor; it is not conductive to guarantee the rights of the students.We construct the legal countermeasures system of the college students’ massincidents: Firstly, it should be included the countermeasures on some managementconcept, national legislation, and the legislation of college. For example, the college ofadministration pattern to the students’ mass incidents should be from the "suppression"to the "response" type. The college should improve the university statutes, protect therights of students, and promote the status of students. The college should perfect thecommon rules and regulations, and maintain the consistency of the educationadministrative legal system of country. The college should improve the student’ rightsremedies mechanism. The college should build the consultation mechanism betweenthe college and students; ensure the participation of the students on the managementsand decision-making of college. The implementation mechanisms of the response management mode of the college students’ mass incidents include: The College shouldinsist on the students’ rights-oriented, and ensure the participation of the students;construct the consultation mechanism between the college and students, effectively usethe non-compulsory administrative measures to serve students; Attach greatimportance to the safeguard of the students’ procedural rights and substantive rights;Pay attention to the information disclosure; Construct the administrative accountabilitysystem of the college students’ mass incidents. Secondly, the specific legalcountermeasures of the college students’ mass incidents can be included as follows:The College should build the consultation mechanism between the college andstudents; ensure the participation of the students on the managements anddecision-making of college. The college should maintain the information disclosure;build the administrative accountability system of the college students’ mass incidents.In short, the integrated use of management concept, legislation and specificcountermeasures, it can effectively adjust the relationship between the colleges’ powerand students’ rights, promote the harmonious relationship between the college andstudents, eventually lead to the legal prevention and control of the the college students’mass incidents.