Military Management Power And Cadets' Rights Conflict And Its Countermeasures

Since miss Liu, a student of Peking University, court the Peking University for doctor's degree, a sires of cases appear that students sued their school. This fully reflects that in a"rule of law"society, more and more concentration has been paid on "right"rather than on"power". That is to say, people's awareness of their rights have been generally improved. More and more people, including students, take a serious attitude toward rights and struggle for it. Although for now, there is no occurrence of military academies because of their strict administration, what is certain is that military school is not in a vacuum, it will be subject to social impact. With the development of social life, the concept of the rule of law is being accepted by more and more people, and the legal system of higher education received extensive attention. The military academies also need to strengthen the research of relevant theory and strategies to improve the"rule by law"administration. This thesis,make a few think on the existing management of institutions, tries to turn a light on solving the contradictions between management power of military academies and rights of students. This article briefly describes military academy of China and its management system, discusses the management power of military academy and rights of students. Analys the main contents and characteristics of the military academy management power on the basis of its concept. Investigate the legal basis of general law and military law on this subject. By analysing the legal status of military academy, confirm military academy management"power"in nature. Define the extension of cadets, discuss the special nature of rights of cadets, legal basis and basic contents of cadets'rights. Interpret restrictions on student rights according to law. This thesis focuses on the conflict of military academy management power and student rights. Starting from the positioning of the two's legal relationship, discuss the relationship between military management power and rights of students, make clear the type of infringement of military management, analyse the causes of the conflict from the aspect of historical, legal, institutional, military internal management and students. By analysis of the relationship between rights and power, this thesis also put forward some countermeasure helpful to resolve the conflict, use norms and constraints of military academy management rights and complete relief protection mechanisms to protect cadets'rights. First, managers should establish a military rule of law. Secondly, improve the existing legal system of education from a legal perspective. The most important is the reform of management system for institutions. The cadets should strengthen their awareness of rights, assert their rights according to existing protection and relief mechanism. With a view to adopting this research,it could make a modest contribution to explore the laws of military management, regulate management practice, protect cadets'rights and eventually improve the quality of the military education.