Studies On The Administrative Legal Relationship Of Students' Management In Colleges And Universities

As the concepts of "ruling the country by law" and "running administration by law" has become more deeply rooted in people's mind and citizen's awareness of individual rights has been enhanced, the management of students in colleges and universities has been faced with unprecedented challenges. In recent years, it is repeatedly reported that universities authorities infringe on the interests and rights of students. And cases that students sue their university have also occurred frequently. It is believed that it is the obsolete management concept, inadequate awareness of rule of law, and little progress in improvement of the legal system of education. It is imperative to administer universities and manage student by law.It is held that public universities in China are not only civil subjects but also administrative subjects when they fulfill the obligation to offer students the opportunity to receive education. Therefore, "running administration by law" is a necessary principle for student management. It is important to make clear the definition of institutes of higher learning as administrative subject so as to realize the above-mentioned concept in student management in colleges and universities. Moreover it is also important to figure out the multiple legal roles of colleges and universities and the current problems in student management resulted from the confusion of different roles in order to resolve them.In order to regulate the order in universities, respect and protect students' interests and rights, it is imperative to make clear the legal status of colleges and universities in China correctly, define the relationship between administration and law in student management, adopt the concept of rule of law and rational mentality, establish and improve necessary mechanism and procedures, and put student management onto a legal path. In this way, the rule of law may be realized in student management and university administration as a whole. Moreover, it is of significance to enhance the legal awareness of university faculty members and students and press ahead the process of administering the university by law.As long as the admimstrative subject of colleges and universities has been defined correctly, it is not difficult to realize running administration according to law. We should emancipate our mind, establish the concept of rule of law, build and improve educational legal system, set up the redress system for the protection of students' interests and rights. And then, the rule of law in student management in institutes of higher learning may be achieved very soon.This paper studies on the relationship between administration and law in student management from the following three aspects. Through the analysis of the meaning of student management and the administrative subject of universities, it can be seen that it is unavoidable to research on the relationship between administration and law in student management. By pointing out the existing problems, this paper illustrates the necessity and importance of rule of law in student management. Starting from correctly tackling legal relationship between university authority and students, establishment of sound legal system of higher education, building and improving right-protection mechanism, effective solutions and countermeasures are proposed in realizing administering universities by law in student management.This paper is devoted to the analysis of students' management in public colleges and universities under the perspective administrative legal, the studies on the administrative legal relationship. Proposals on realizing that students' management conforms to the principle of administering university by law are also put forward.