The Relationship Between The Protection Of University Students' Right Of Being Educated And The Exercise Of Universities' Power Of Administration

In recent years, as the law proceedings intervened, the legal disputes between universities and their students are becoming social hotspots. This phenomenon is investigated and researched theoretically and practically in the fields of law and education. The processes that from governing state lawfully and administration lawfully to governing and managing university lawfully is actually an embodiment of law implementation. Lawful administration of university is one of the important symbols of modernization of administration. The disputes between universities and their students are mainly resulted from the universities' administration behaviors. Although the disputes, to some extent, reflect the problems on the university administration, it is essentially the conflicts between citizens' rights and administration power. On the basis of clarifying the relationship between right and power, this paper probes into two issues, i.e. university students' right of being educated and universities' power of administration, and the relation between these two issues. Through this paper, it is expected that the students' right of being educated could be protected more completely and effectively by legislation, judicature and law execution, and the universities' power of administration could be exercised more efficiently and rationally within the frame of law.This paper divides into 7 parts:Preface part: outlined the background, the objectives and the general thoughts of the paper.The second part:Theory of right and power, provides theoretical basis to the later discussion. Through the analysis of the nature, connotation and characteristic of right and power, as well as the relation between them, it is emphasized that the rationale of lawful society should be right protected and power restricted.The third part :University students' right of being educated, defines the concept of university students' right of being educated and discusses the essence, connotation and the legal content of it.The Fourth part Universities' power of administration, analyses the legal status and autonomy of universities, clarifies the nature and legal content of universities' power of administration. Then, the legal relation of universities and their students is investigated in order todefine the bound and extent of universities' administration on students' right of being educated, which leads to the proposition of principia of administration power execution and judicial system of supervising and restricting.The fifth part :The defects of students' right of being educated during the university administration, from the practical point of view, three typical cases of lawsuits between universities and students are analyzed, on one hand it discusses the actuality and causes of those defects; on the other hand, it discovers the problems and bugs during the exercise of universities' power of administration. At the meantime, the hotspots stimulated from the three lawsuits are considered and discussed.The sixth part :The Relationship between the protection of students' right of being educated and the exercise of universities' power of administration, on the basis of the above statement, it is evidenced the nature of expansion and infringement of universities' power of administration, as well as the nature of passivity and apt to be infringed of students' right of being educated. Concerning about this, it is suggested that the compromising of the conflicts should be based on the concerning the protection of students' right and restriction of universities' power. In order to protect the students' right of being educated, more attention should be paid to the transformation of the traditional notion of university administration during the power exercise, as well as the establishment of restriction system. At the same time, the protection system establishment of students' right should be intensified in order that the universities' power could be restricted and exercised legally and effectively.Conclusion part: restates the argument of this paper. Res...