Legal Thinking On The Disposition Right Of College Students In Our Country

In the context of comprehensively promoting the rule of law,the concept of legal system has gradually become popular among the people.However,it is a long process to comprehensively promote the administration according to law.In this process,it is the primary starting point to guarantee the running of the management power of colleges and universities according to law.There are two types of colleges and universities in our country:first,public colleges and universities;the other is the private colleges and universities in the two.The universities mentioned in this article refer to public colleges and universities.As an important means of independent management of colleges and universities,it is an important basis for the management of colleges and universities to exercise the right to punish the students.In recent years,as more and more disputes caused by the punishment of students in Colleges and universities have gradually entered into the public view,people have doubts about the legitimacy and rationality of the power operation of colleges and universities.In the face of contradictions,the management of colleges and universities also exposed a series of legal issues.In particular,by the influence of the legal tradition of "heavy entity,light procedure" in our country,there is a lack of legal basis and unclear procedures,which is the main cause of the dispute.It is not only the guarantee of the basic rights of the students,but also the effective measures to safeguard the authority of the university to carry out the appropriate legal regulation on the right of disposition.The legal issues in-depth study of Punishment Rights of college students in our country,perfecting the relief mechanism of the rights of students,the University’s management into the orbit of the rule of law,to comprehensively promote the rule of law,has important theoretical value and practical significance.This paper is divided into five chapters.The first chapter reviews the status quo of the research on College Students’ disciplinary action at home and abroad.Review and analysis of the status of the college student’s right of disposition by the dialectical method pointed out deficiencies,analysis of research value and innovation of this paper;the second chapter points out the connotation of College Students’ right of disposition.By combing the concept of the right to punish students as well as to the disposition of the classification,evaluation of three kinds of academic theories on the legal relationship between universities and students;the legitimacy of the third chapter of the cognizance of Punishment Rights of College students.Focus on the analysis of the nature of the right to education of college students,the necessity of first demonstration of the University disposition right there,to judge the legitimacy and then combined with the power source of the disciplinary right of the University;the fourth chapter discusses the reality of China’s College Disciplinary authority.Combined with the actual case study of colleges and universities in the normal management problems,from the substantive justice and procedural justice point of the combination of a comprehensive review of the fifth chapter proposed disposition power;mechanism to improve the students’ rights relief.In view of the serious defects in the management of college education and the protection of the rights of students,the paper puts forward the relief mechanism to improve the rights of students from two aspects:school and outside school.