On The Construction Of The Rule Of Law In The System Of Removing The Disciplinary Action Of College Students In China

It is in line with the modern educational concept and educational purpose to construct the system of removing disciplinary punishment for college students,which is conducive to promoting the administration of education and management according to law in Colleges and universities,and is conducive to encouraging the growth and development of punished students.Article 59 of the regulations on the management of students in ordinary institutions of higher learning(No.41 order of the Ministry of Education)issued in 2017 stipulates that a period of punishment shall be set for students except those who are expelled from school.After the punishment is expired,the students shall be relieved of the punishment.The methods and procedures for the release of the punishment shall be formulated by each school itself.This paper reviews the formulation and implementation of the system of disciplinary action relief for college students in recent three years since the implementation of the regulations on the management of students in Colleges and universities.Combined with the practical difficulties in the system and the research results of scholars,this paper puts forward the legal suggestions and Countermeasures to improve the system.The article is divided into five parts.In the second part,the author analyzes the history,function and basic principles of the system.This paper analyzes the concepts of revocation,termination and termination of punishment,and puts forward that the release of punishment refers to the cancellation or elimination of all(normative and non normative)negative evaluation of the punished students in accordance with certain procedures when they meet certain conditions(except for being expelled from school).In the third part of the article,the author analyzes the current situation and problems of the system of removing students’ disciplinary punishment after the promulgation and implementation of the regulations on student management in Colleges and universities in China.The main problems are that some colleges and universities have not formulated the disciplinary relief system separately,and do not have a deep understanding of the educational value and legal value of the system;some colleges and universities have vague conditions for the removal of punishment,which is suspected of broad discretion;some colleges and universities have defects in the legitimacy requirements of the disciplinary relief procedure;and the main problems are the effectiveness and resolution of the punishment lifting system In addition,the practice of filing materials varies from school to school.Through the research,it is found that the main reasons for these problems are that some university administrators in our country do not have a clear understanding of the concept of the system of removing the disciplinary action of students,the lack of awareness of the protection of students’ rights,and the imperfection of the procedure for the removal of disciplinary action.Therefore,in the fourth part of the article,according to the general requirements of comprehensively promoting the rule of law and teaching according to the law,combined with the practice and education practice of colleges and universities,the author puts forward suggestions on the legalization of the system of removing disciplinary punishment of college students,which should be improved from five aspects.Firstly,it is necessary to clarify the system orientation and application principle of the release of punishment;secondly,it is necessary to optimize the setting of the type and duration of the punishment;thirdly,to define the applicable conditions of the dissolution of the punishment;fourthly,to improve the procedure of the dissolution of the punishment.Fifthly,we should improve the relief procedure for the relief of the appeal.