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On The Regulations Of How To Punish The Rule-breaker In High School

Posted on:2004-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:W F LiuFull Text:PDF
GTID:2156360122970239Subject:Law
Abstract/Summary:PDF Full Text Request
According to the Educational Law and Higher Educational Law, the school authority has a right to punish the rule-breaker. But as for how to ascertain the nature of this kind of punishment, and what kind of procedure should be brought out if we need to punish our student. Also, how could the punished students who refuse to accept the punishment to seek remedy. There isn't a definite measure provided for by law. What's more, there are difficulties and trouble if we put the theory into practice. So, infringement of the proper rights of students happens frequently. Thus, the dispute of law between students and schools gradually increase. The study of Education Law only began from 1880s, and didn't divert to the practical, actual study on the problem of the education law until 1995. Furthermore, only a few words are connected with the problem of student's punishment. However, in foreign countries, especially in America, the punishment system is almost a complete set, and has entered into the track of ruling by law. Because the law development of our country are being perfected, we should exam the punishment right which is carried out by institutions of higher learning and standardize the punishment did by law. All of these are the common study in theory and practice.This article first analyze what's the property of the combination of the power and right of colleges and university's right ofdisciplinary measure, institutions of higher learning will not in accordance with the spirit of ruling by law now then when publish schools of our country exercise the right of disciplinary measure .The article also analyze this question and the reason and the reason. Furthermore, it studies the following questions.We must adhere to the principle of ruling by law that punish according to law, equal and impartial, punish with cautious, focus on education, the safeguard of power, etc.The punishment of the students who violate the school discipline must be guaranteed by proper procedure. And the procedure could be designate into: formation, investigation and instruction, judge and check, hearing, determination, processing and execution.Students who refuse to accept the punishment to as find could be provided with the opportunities of seeking measures. The way the student's right of remedies mainly are appeal system and accuse system.
Keywords/Search Tags:high school, the right of disciplinary measure, rule-breaker, rule by law
PDF Full Text Request
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