Colleges And Universities With Students The Relationship Between Administrative Law Study

In current society with rule by law, the development of education should be oriented to democracy and laws. As the reform in higher education focuses on colleges and universities, and at the core of the various legal relations formed around schools is that between students and them, it is crucial to the reform in colleges and universites' administration systems and standardization of their powers that the legal relations between students and schools are identified and the legal statuses of students and schools are established. This paper's object is to analyze the complex legal relations between students and schools, define administrative juridical relation and civil legal relation, identify the legal statuses of students and schools in the frame of administrative juridical relation and provide approaches to standardize the powers. This paper consists of three following parts: The first part is composed by Chapter I The Relation between Schools and Students in Higher Education Service, where the legal relations between schools and students that occur when schools perform their functions are analyzed. In view of the complexity of the legal relations between schools and students, the analysis is carried out with higher education as public services that are traditionally classified as administrative and industrial and commercial services. An administrative juridical relation between schools and students in schools delivering to students' education service featuring national educational qualifications is concluded and the legal statuses of schools and students under this relation are provided. The second part contains Chapter II and III, where the major rights that students are entitled, abstract "legislative" and practical "executive authority". The legislative is addressed in Chapter II Regulatory Powers of Schools. On the basis of the justification for defects in current regulatory system in schools, the approach to control over schools' rules and regulations in terms of legislation, administration and judicatory. The third chapter addresses Schools' Executive Authority, a power of implementing according laws and rules and regulations. Taking in account various behaviors by students, authorities for maintaining schools' operation, admitting students, achievement evaluation, punishment and degree issuing are examined and the impact of the rationales of administrative law on school' authorities. The third part consists of Chapter IV and V, where the approaches to standardizing schools' public authorities in terms of playing the role of students' initiatives are addressed. One is to improve the implementation system of the public authorities allowing students involved in, another is to establish a correction mechanism including appeal, review and action against infringements on students caused by schools. Chapter IV The Publicity of Schools' Powers and Student's Participative Management Right provides a clear picture of international systems concerned, recommending a system allowing students participating in school matters in a limited way. By establishing a punishment system allowing student involvement, the participative right is expanded. Chapter V addresses how to provide students with aids in case that their lawful rights and interests are infringed, how to integrate existing in-school and administration appeal, and administrative review and lawsuit, how to establish a system linked to in-school appeal, administrative review and lawsuit national compensation so as to provide with students with aids effectively.