Research On Disciplinary Measure In Higher Learning Institution

This paper firstly define higher learning institution’s authourization in disciplinary measure over its enrollee,its coverage,and then gives a full picture of disputes on such disciplinary measures in depth,including existing status and types of the disputes。We can learn from the cases that most disputes over the institution’s disciplinary measures are caused from illegal in procedural law,no factual basis in substantive law,and no remedy or appeal for the disciplined,all of which leads the disciplined not consented to and unsatisfactory to the disciplinary measures,in the end no alternative but a law suit initiated against the institution who releases the disciplinary measures.The paper analyses legal relationship between the institution and its enrollee,consults theories and cases of the institution’s authourization in disciplinary measures in practice.The work report of 18th the Chinese Communist Party Congress emphasizes student’s all-around development,hoping each student becoming a talent after graduation from the institution.But what the institution did are against the wishes of the Party’s assertion.A good atmosphere is a must for talent training,and top priority for the institution is to bring up elite as many as possible.The paper finally expressed author’s concerns over the institution’s disciplinary measures,and the author favours that the institution shall exercise the disciplinary measures in accordance with rule of law spirits to prevent any abuse of the institution’s disciplinary measures,i.e.to hold oral hearing procedurally,so that student can defend themselves for their acts,state their case,and to,substantively,release the disciplinary measure written papers only based upon evidences discovered and presented from both the institution,teachers on the one side,student on the other side,and the disciplined student have right to learn the truth during the oral hearing periods.The disciplinary measures taken should be in approportion with the wrongdoing of the disciplined,never too harsh,and it should be impartial,just and openly.