Research On Due Process Of Expulsion From Universities

The newly revised "Regulations on the Management of Students in College" in 2017 clearly stipulates that colleges should make disciplinary decisions against students in due process.As the most severe kind of disciplinary punishment in colleges,the punishment of expulsion should be controlled by the principle of due process,but in practice,the application of due process in the process of expulsion from universities is missing,resulting in more and more lawsuits.In the context of the rule of law in the governance of universities,the legitimacy and legality of the decision lies in the legitimacy of the procedures.Based on this,the article aims to explore the problems faced by the principle of due process in the application of the punishment of expulsion from colleges and universities,and to put forward corresponding improvement opinions.The article consists of four sections.First,from the legal point of view,the expulsion punishment of colleges and universities is understood,which paves the way for the development of the topic,mainly including the concept and legal nature of the expulsion sanction.The second part examines and reviews the situation of the expulsion procedure of colleges and universities,and as a topic,points out the specific irregularities in the operation of the expulsion procedure of colleges and universities,and analyzes its causes and impacts.Lacking consciousness of procedure and right are the main reasons.As a result,it’s easy to cause educational risks and infringe upon the students’ rights.The third part mainly analyzes the necessity of using due process in the expulsion sanction procedure,expounds the source and elements of due process,and analyzes the value of using due process in the punishment of expulsion from colleges and universities.The fourth part is the specific improvement of the due process of expulsion punishment in colleges and universities,that is,the neutrality,participation,and timing elements of due process are integrated into the expulsion procedure,mainly including clarifying the details in the notification procedure,strengthening the independence of the hearing and establishing the principle of case file exclusivity in the hearing procedure,clarifying the independent nature of the appeal committee and improving the rationality of the composition of the appeal committee in the intramural appeal procedure,and introducing a responsibility mechanism.