| China's institutions of higher learning have the power of disposition and discipline of students, according to "The People's Republic of China Education Law" and "The People's Republic of China Higher Education Act",.While institutions of higher learning exercise the education disposition, many problems arise. Colleges and universities continue to be the accused by the students who violate disciplines. Many of the cases (such as the Tian Yong case, etc.) revolve in the procedure of education disposition. And the procedure for education disposition has been the subject which needs to be faced and researched together by the education rule and the field of law and justice. Regulating the disciplinary procedures of institutions of higher learning is of great importance to the realization of the rule of law for education and the maintaining the legitimate rights of the school students.As a procedural system of protecting the party's legitimate rights of students, standardizing the administration and disposition of colleges and universities, the hearing system is attached more and more attention. Learning from foreign universities'management experience, some institutions of higher learning in China have led the hearing system into students' management, such as Southwest University of Political Science and Law. They gained some experience also.However, there are still many problems inevitable:the relevant educational laws and regulations are weak; the conflict exists between the school rules and the law; the procedure is absent or imperfect. The main reasons are: influence by "heavy entity, light procedure", the traditional concept of the rule of law; stagnation of the legal construction of education in China; bureaucratization of the school management system; lack of legal thinking. Therefore, the hearing system of the college students administration has great significance both in theoretical and realistic fields, is an essential section to protect the interests of students, and to promote the development of universities'legalization.To build the hearing system so as to protect the legal rights of discipline-violation students and restrict the school's management power effectively, we must perfect the relevant educational laws and regulations to promote the administrators of university to establish the thoughts of "based on students", strengthen the consciousness of the legal system and meanwhile, set up complete hearing procedure of the punishment towards the students who violate the disciplines in universities. We must implement the hearing when students'great rights and interests are involved during the course of enforcing the hearing system. We should give play to the formal and informal hearing's characteristic as "low cost, easy operate" to improve working efficiency; Meanwhile, establish social students'affairs hearing committee to guarantee the fairness and justice of hearing system; stress the record of the hearing because it is the basis of the final decision made by the punishment organization on the students who violate disciplines. |
