Analysis Of Relationship Between Powers An Rights In University Management

At present some universities abuse and overuse their power to enact some regulations which contradict with the relative laws. There exist an array of violations against student rights included human right and student rights of education, property, fair evaluation and justification, etc. The above situations were analyzed through illustrations. It was found that there existed conflicts between powers and rights in university management. The in-depth reasons for conflicts between university and students rest with university system, unclear definition of university, lack and lag of legislation of higher education laws, and no channel for students to relieve their right, etc.With the increasing development of higher education and the growing awareness of student rights in China, the conflicts between university powers and student rights are increasingly becoming the public concern. Therefore, clearness and determination of the legal rights, legal status and the respective privileges and obligations between universities and students play a critical role in the reforms of high education management system and standardization of university powers and guarantee of student rights.The objectives of this study are to analyze the administrative and civil legal relation between universities and students, to clarify their legal status, standardize university powers and particularly administration boundaries, and at the same time to protect student rights of education. Systemic study on current status of right protection of college students and counter- measures will provide theoretical guides and legal basis for protecting college student rights of education.It was proposed that there are two legal relations between universities and college students. One is education administration legal relation and another is education service civil relation. In education administration legal relation universities have right to evaluate students' application for academic degrees according to the Regulations of the People's Republic of China on Academic Degrees Higher Education Law of the Peoples. Students have the rights of statement and justification. In education service civil relation, to be education providers universities have rights to administer and supervise students and charge students'tuition according to the Laws of the People's Republic of China on Higher Education and other regulations from related administration departments. Students have the rights of education, fair evaluation and justification, etc. Students have responsibilities to receive university supervision and pay the tuition.In chapter 1, through analysis of meanings of university administration powers and college student rights of education, as well as their relations, the concept, characters, contents and legal basis of university administration powers and college student rights of education were clarified, and their legal relation were determined.In chapter 2, through analysis of current status and main conflicts between powers and rights in university management, it was found that university administration powers were overused and abused. Many university regulations contradicted the relative laws. Students'privacy was often impinged on. Some punishments from universities lacked procedure justification. Common violations against student rights included student rights of education, personal dignity, privacy, honor, fair justification, procedural rights, etc. This has laid the foundation of cause analysis of student right violations.In chapter 3, in-depth causes of bad operation of university administration powers and rights, and main conflicts between universities and students were analyzed, suggesting that university administration system lacks appropriate localization, legislation of relative laws of higher education is lagging behind. The channels for students to relieve their right are lacked. These factors increased the tension between universities and college students.In chapter 4, based on above analyses, the solutions to change the current situations were suggested.To address these questions, the legislation should be improved, justification and procedures should be strengthened, the relief system should be setup to protect appropriate rights of college students. It is proposed that the universities should establish public notice system, follow the proportion rule for student punishment, justify every punishment, and introduce public hearing system, and allow student vindication. To better protect student rights of education, the appeal system should be strengthened, the education arbitration institutions should be established and improved, the lawful rights and interests of students should be listed in the administrative proceedings, education court system could have a trial.