The Study On The Power Of Chinese Universities To Discipline Students

Nowadays,controversy over disciplinary punishment by universities increase day by day.On one hand,this reflects the awakening of students’ awareness of rights.On the other hand,this highlights that there are still many problems existing in the theory and regulation of the discipline power over college students.With the rapid development of the rule of law,how to regulate the discretionary space of disciplines universities without infringing on the autonomy of universities,how to balance the public interest and the basic rights of students,how to unblock the channels of student rights relief,this has become important issues for improving school management by law.This thesis is divided into four chapters.The first chapter mainly focuses on the source and nature of the disciplinary power of college over students in China.The second chapter is the principles that universities should follow to exercise their disciplinary power.The third chapter is the status quo and problems of the disciplinary power of colleague over students in china.Chapter four is the optimized solution of disciplinary power regulations for college over students in China.This thesis starts with the relationship between universities and students and reveals that it is appropriate to apply the theory of internal administrative relations to the relationship between universities and students on the basis of appropriate reference to the theory of special power relations revised in civil law countries.The source and nature of university disciplinary powers over students are its basic theoretical issues.The sources of university students’ disciplinary power are diverse,both from the authorization of laws and regulations and from the autonomy of universities.The nature of university disciplinary powers over students is closely related to the source,and its nature is also diverse,including the attributes of administrative power,autonomy,and academic power.Then,it puts forward the principles that universities and universities should follow to exercise their right to discipline students,including the principles of legal compliance,rationality and due process.The principle of legal compliance requires universities to follow the principle of legality and compliance when exercising rights.The principle of rationality requires that universities should follow the principle of proportionality and equal treatment when exercising their rights.The principle of due process requires universities to follow the the principle of open procedures,the principle of procedural neutrality,the principle of public participation.Then,the thesis summarizes the current state of regulation of students’ disciplinary powers in China,revealing that there are insufficient legitimacy,lacking of attention to academic issues,inadequate relief to student rights,and some university regulations violating administrative regulations.Finally,the thesis proposes to improve the regulation of the university’s right to discipline students,and believes to improve the lack of procedural provisions,legislation should make it clear that universities should follow the principle of due process in exercising student disciplinary powers,while universities themselves should focus on improving the procedural provisions of disciplinary action.To improve the lack of academic,first of all,a distinction should be made between academic discipline and non-academic discipline,and universities should play an active role in academic committees.For the improvement of student rights relief,on one hand,local governments should set up clear and accessible administrative measures for student education appeals.On the other hand,the conditions for judicial intervention and the review standards for different disciplinary actions should be specified in judicial relief.