The Inprove On The Students' Behavior In The Judiciaireview System Of Punishment

With the rapid development of China's higher education, students in universities is increasing, the effect of universities plays in student management is enhanced significantly and the phenomenon of students' rights been invaded has occurred frequently, which reflects the tension of the legal relationship between University and students, besides, these reflected the conflict between university autonomy and judicial power which caused by legal lag. Implementation of the people's Republic of China Administrative Procedure Law which amended in 2014 expanded the administrative litigation scope on May 1, 2015, it point out the right to receive education is the basic rights of citizens of the constitution,belong to the category of other legitimate rights and interests. But under the influence of traditional ideas, the court accepted the disputes between students and colleges case are greatly still in a state of uncertainty.Accordingly, clearly put the basic rights of civic education,protection into administrative litigation by the scope of the case, not only need the support of legislation, but also need to give full play to the role of judicial activism, to maximize the protection of students' education right. This thesis mainly launches from the following parts:The first part: introduced the problem and research significance. By presenting cases, are currently facing a large number of students suing the colleges, problems and defects in the existing law, intervention of judicial review in the legitimacy and rationality, necessity and feasibility of the urgent need more of a judicial supervision and punishment right of universities exercise in theory and judicial practice of supply. It is of great significance to perfect the judicial review system of managing universities by law education reality, safeguard the interests of students etc.The second part: the nature of punishment legal status in universities and the uncertainty of the actionable students' college punishment be determined in the key procedure of the dispute. So it is necessary to have a detailed discussion on two aspects which are the current judicial review system facing college punishment from the legal position of the qualitative and the punishment of university students' behavior problems.The third part: the necessity and feasibility of perfecting the judicial review of the college punishment to students' behavior. Supervision and regulation of college punishment to students' behavior is not only conducive to the realization of ruling by law, but also conducive to the protection of students the right to education. At present our country already has the condition to perfect judicial review system, on the one hand, there are a lot of judicial cases as a guide, on the other hand, there are laws and regulations and theoretical basis as a strong support.The fourth part: the problems and causes of the judicial review system of the university disciplinary action. This article has studied the existing problems of the judicial review of the current university students' behavior of judicial review in the review standards, principles, start, trial,execution and so on.The fifth part: the concrete idea of perfecting the judicial review system of the disciplinary action of the university. In view of the present judicial review intervention, there is a specific, intervene from judicial review standard, follow the principle and judicial review of the specific operational procedures and other areas to put forward advices to perfect the system of judicial review of our disciplinary.Conclusion: a summary of the full text, the author hope that the administrative proceedings in the field of security to improve the exercise of the right to exercise the right of judicial supervision of universities students.