Due Process Protection For The Rights Of College Students

As an important principle of Anglo-American law, due process was created for the purpose of protecting individual rights. It has been considered as the feasible practice that constructing the administrative procedures and the judicial review according the principle of due process. Thus, it has become the guarder of all kinds of human rights. Although we have the different basis of the legal cultures from the nations such as British and U.S., as well as we still have not paid enough attention on due process, due process has been accepted gradually as the spiritual foundation of the law. It has infiltrated into the studies of various legal departments, including the protection of the rights of college students.The college students should have the basic civil rights, but as a special group in college, many of their rights have been ignored by the college governors. From the more and more cases about the legal disputes between students and colleges, we can find that the rights of college students have been violated more seriously than before. The principles coming from due process, such as "no one can be the judge in the case they concern" and "the vindication of any person should be fairly heard", can protect students' rights by restricting the power of the college governors.This paper includes three main parts. Based on the introductions of the concept of due process as well as the content of college students' rights, the first part gives a discussion about the importance of due process in the protection of students' rights. At the same time, this part makes a study on the establishment of due process in the foreign colleges in order to comprehend its practical significance and provide reference for the right protection of the college students in our country.The second part enumerates the cases about the disputes between the colleges and students of our country. These cases reveal the problems caused by the absence of due process in the protection of college students' rights. Based on the cause analysis about the disputes, this part also demonstrates the significance of the due process for the protection of college students' rights, and makes suggestions for the feasible implementation of due process.The third part focuses on the survey about the implementation of due process in colleges. Besides this, it also gives some specific suggestions for the weak link in the implementation of due process.At present, there are a lot of articles talking about due process or the protection of college students, but few of them combine these two aspects. Based on the research of due process, this study tries to improve the protection of college students' rights and gives feasible suggestions for the legal construction of colleges.