On The University Disposition Rights And Its Legal Rules And Regulations

According to the stipulations of"Educational law of people's Republic of China"and"higher Educational Law of people's Republic of China", the schools have the right to punish the students. But the law above hasn't stipulated how to limit the behavior nature of the universities which punish the students or how to follow the legal procedures when they punish the students .It hasn't stipulated that how the students punished who refused to accept the punishment should seek the relief. So the confusion exists in the practice operation. At the same time, it happened that the students'legitimate rights are sometimes encroached on. The legal disputes between the students and the schools also gradually increase. Therefore, it is the common topic of the theory and the practice that we should carefully examine the disposition right problems of the universities by law and standard the behavior of the universities punishing the students by law in our country today which implement the government by law.This article has first carried on the limits to the university disposition rights and thought they are one kind of executive power. The questions and the reasons which exist in the process of carrying on the university disposition rights are analysed in this article. The following questions have been discussed. The hypothesis of university disposition rights must follow the legal retention principle; the universities have to follow the legal rules of punishment when they punish the students who violate regulations. So the universities should punish the students violating regulations fairly and publicly and unify the punishment and the education. They also have to follow the right safeguard principle and the right procedures; finally the judicial examination to the university disposition rights has been elaborated in the article.