Research In The View Of Legal Theory On The Issue Of Infringing Students' Rights In The Domain Of School Administration

In China's present education practice,incidents of delving students' status as rights subject and of infringing students' rights occur frequently-Such incidents occur not only in the domain of static school regulation but also in the realm of dynamic students administration and of the disciplinary punishment as well. All these incidents result from this radical fact,namely ,not having dealt properly with the issue of students' status as rights subject.The issue of students' status as rights subject involves understanding of the essence of the legal relation between school and students . Hereby are two different types of theories: one is theory of relations of special power in the sense of public laws while the other is theory of educational contracts in educational laws . The two different educational legality convictions which these two theories stand for are either the doctrines of establishing a state by education and of establishing oneself by education in traditional sense or the doctrine of education human rights in modern sense. These educational legality convictions contain the different connotation of educational value. It is from this perspective that the dissertation begins to study.The dissertation consists of four subsections: The first one defines the concepts of students' rights as well as incidents of infringing students' rights and sums up the existing findings; The second one gives a theoretic analysis on the issue of infringing students' rights and interprets the causes of the issue; The third one lists the categories of infringing the students' rights in the domain of school administration and gives them an analysis of legal theory; The fourth subsection brings forward the solutions.