Research On Problems Of University Students' Rights

After analyzing the legal problems reflected in the increasing cases of university students v. colleges and universities and examining the rules about university students' rights in legislation of higher education, the paper believes that there exists lack of rights for them in law. University students are one of the subjects of colleges and universities, but not the object administered by them. Their rights come into being based on the legal relation established between colleges and universities and their students, which should take higher education as its basis. The ideological freedom and equal property of higher education object to universities' compulsion and constraint to their students; the nature of public welfare of higher education determines the same nature of legal relation between public and private colleges and universities; the independent spirit of colleges and universities resists the administration and hierarchy of higher educational relation; the nature of choice and consideration of the legal relation between colleges and universities and their students indicates its contractual nature, and the universities' right of control over their students is established on the system and theory of contract. University students' rights embrace substantive rights and procedural and litigious rights. The former include right of status as a student, right to gain good education, right to participate their democratic management, right to participate teaching activities, right to get fair evaluation, right to get certificate and diploma, right to have scholarship and stipend, right to organize association. The latter include right of contractual petition and counter-plea, right of administrative complain, right to claim arbitration and right of petition for litigation.