A Probe Into The Due Procedure Of Dismissal Of Student Status In Colleges And Universities

Expulsion from school is one of the five types of school discipline,which is widely used in Colleges and universities,and is a means of implementing teaching management in Colleges and universities.Institutions of higher learning are authorized by the education law of the people's Republic of China and have the right to impose administrative sanctions.According to this,the expulsion of students in Colleges and universities has the nature of administrative behavior,and the expulsion of students is the most severe one in disciplinary action,so its application should strictly follow the due process.If the rights and interests of students are infringed by the illegal procedure applicable to expulsion,they may file an administrative lawsuit based on the nature of the administrative act of expulsion.This has led to an endless stream of cases of students suing their alma mater for expulsion from school,in which the majority of schools lost the case because they violated due process in making the decision of punishment.This shows that there are serious procedural problems in the process of applying expulsion,which further reflects that the legal management of colleges and universities needs to be strengthened and students' awareness of the rule of law is constantly enhanced.Based on the perspective of due process principle,using case study method,literature analysis method,comparative study method,combined with administrative law,pedagogy and other research results,on the basis of the study of expulsion and due process principle,combined with cases,this paper analyzes the procedural problems in the process of expulsion and puts forward the perfect path.Specifically,the article includes the following parts: the first part leads to the procedural problems in the expulsion punishment through typical cases.The second part describes the basic principles of due process,including the meaning of due process,ideological sources and so on.The third part discusses the theory and current situation of the procedure of expulsion from school at home and abroad.The fourth part focuses on the analysis of the procedural problems existing in the disciplinary action of expulsion from school,which is reflected in three aspects: the notification procedure is not comprehensive,the statement and defense procedure is general,and the scope of administrative litigation is narrow.This paper holds that the above three procedures are the best embodiment of due process and the best protection of students' legitimate rights.In the process of expulsion,universities must ensure that these two procedures are proper.Finally,in view of the problems existing in these three aspects of the procedure,the paper puts forward the perfect path: from the form,content and time of notification to improve the notification procedure;to introduce the hearing system;to expand the scope of administrative litigation.The purpose of this paper is to enhance the procedural awareness in the process of expulsion,improve the ability of independent management,and finally realize the rule of law.