On Study Of The Legal Relations Between Students And Universities In China

In the recent years, the conflicts and disputes have been happening more and more sharply between the universities, colleges and the students with the rapid pace of legal proceedings of national institutions of the higher learning, and with the wake of powerful consciousness from those students. It is not the news that the students bring a suit against their mother school. However, the legal relationship between the universities, colleges and the students has become the forwarded and theoretical issue to the researched as for puzzling of the legal theory, lawful embarrassment as well as students'inquiring and the colleges'passivity.The production, changing and the eliminating of any lawful relationship should depend on the development and changing of the social relationships and social conditions. By affecting of the social system and the model for a long term and the restraining of the nationalistic educational view and the theory of the special powerful relationship, the relationship has been very simple and unitary which is the relationship between the administers and the persons to be administrated. The justified rights for the college students as social members are neglected or are not to be respected which resulting in that the different lawful relationships are not clear and the balance can not be kept by both sides for the rights and liabilities.The proper establishing of legal position for the institutions of legal higher learning is the fundamental stone to research and study the lawful relationship between the universities, colleges, and the students. On the present essay, the comprehensive analysis of academy both at home and abroad to the legal position of the institutions of higher learning has been conducted, and the comparison of the existing status of the lawful position of colleges and universities in the western countries has been performed. on the above described, it is proposed that the definite lawful position is the independent civil subject as the universities and colleges being present as the roles and organizer for education, teaching and learning ; and it is the administrative subject as the universities and college being present as the roles and organizers authorized by laws and regulations and participating lawful activities; and it is the definite collective legal person as they being present as the roles of the representatives for the public orders and public benefits.The legal relationships between the institutions of higher learning and the college students could be asserted as followings: It is the civil legal relationship which is to be concluded by the activities of education, teaching, and learning; and it`s the administrative legal relationship if the institutions of higher learning have been authorized to use the national administrative power; and a special powerful relationship could be concluded between the universities and colleges and the students if the institutions of higher learning are to be speakers for the benefits and orders of the common subjects.In order to constitute and set up a harmonious legal relationship, it is important to keep the balance of the rights and liabilities between the two sides, to restrict the power expending of two parties, so as to eliminate the conflicts between them. In the light of spirit of lawful administration and caring for the major principle and adjustment, to the balance of lawful relationship between universities, colleges and the students, so as to propose to keep the balance by law, to restrict power limitations, to have the self-administration according to articles and regulations, coordinate the power and rights, to restrain the limitation of the universities and, to have the necessary binding to the personal rights and litigation of the students, to keep balance rationally and just, as well as to have the legal and lawful investigation and relief.