A Study Of Students Rights Protection In The University Charter

In the guiding ideology of "the rule of law", the construction of university statute is particularly important. The university statute is to guarantee the management of legal system, science and humanization in colleges. The government has published a series of rules, like The Outline of National Education Reform and Development Plan (2010-2020) to develop the construction of university statute, especially in 2013 by the ministry of education promulgated The Rules of Universities Construction Plan (2013-2015),which put forward the goal of the university of the construction, and require the 114 universities, which is managed in the ministry of education to complete the work of drafting rules by the end of 2015. Until the end of June 2015, it has been approved the rules of the 84 universities in China.It has a welcome step on the road of the law. In order to make for the sustainable development of colleges and reformation of higher education, the study of the university charter has become the problem of study in the eyes of scholars, especially the college students’rights. College students, as one of the important subject of higher education, they are educated, or ordinary citizens, how to guarantee their rights in school? Colleges, as the carriers of higher education, or managers, how to deal with the relationship between college students’rights? Above all, the university charter as the programmatic document, not only relates to the management system in universities, also include the college students’rights and security, which urge the author to explore the college students’rights, under the university charter.In the frame of this study combines with the 84 colleges,which approval the rules of association of the university, using the way of literature material, comparative analysis and system analysis, through analyzing the structure of the university charter and college students rights in the university charter, finding the reality and problems of college students in the university charter,then combining with the reality, finding out the cause of the problems, to explore the ways of promoting the college students’rights to come true, under the university charter.I hope that this research could promote the construction of the university charter,and offer some reference values in the development of the university charter.This paper is divided into five chapters. The first chapter is the introduction, expounding the background, purpose, purport and research methods in this paper. The second chapter for theoretical analysis related the college students’rights.It has three sections:the college students’rights connotation, the basic of the college students’rights and the element of college students’rights. It mainly embarks from the right:firstly, discussing the three stages of rights, and college students have a special "double identities", citizens and students; secondly, introducing the rights of college students based on law and policy, thirdly, introducing the basic contents of the college students’ rights in detail,which has the three major categories, fifteen parts of rights. The third chapter:the value of the university charter in the college students’rights in universities. At first, from the definition, characteristics, properties of the university charter to explain the university charter, which highlight the important position of the university charter in university management; and then expounds the value of the university charter in college students’rights, which is the basis of college students’rights. The fourth chapter:through the rules of the universities, analyzing the current situation of students’ rights protection in our country. This chapter is the core of this study. In this chapter:by the rules of 84 universities as samples, using the comparative analysis way to study. Through two paths:on the one way, analyzing the whole situation about the university charter; on the other way, it mainly analysis college students’rights in the university charter. It finds out several problems:firstly, college students’subject status is not clear; secondly, the content of the college students’rights is not complete; thirdly, college students’rights guarantee mechanism is not sound; fourthly, the channel is not smooth. There are have some mainly reasons:one, the university charter is affected by its host law; second, college students’responsibility consciousness is weak; three, the conflict between the management in universities and college students’rights. The fifth chapter: promoting the protection of the rights of college students under the university charter in our country. There are four parts to promote the status of the college students’rights: with the university charter to promote the position of college students’rights, with the university charter of operation to promote students rights. In this paper,using to clarify the legal status of the university charter, improve the college students in the position of the university charter, improve the basic content of college students’rights, open channels of right for college students, establish the rules of the college students’rights in the university charter, strengthen the publicity of college students’right,and joint various efforts like society, country, school, college students so as to promote the protection of the college students rights.The innovation of this study is to use the new research view to discuss college students rights.It can not only enrich the content of the university charter, improve the construction of the university charter, also can provide the reference which solve the real problem of college students’rights and protect them.The characteristic of this study is that using the practice combined with theoretical. I need much datum, including the literature and the articles of the university charter and the rights of college students.