Studying On Establishing Of Principle Of Due Process In The Administration Of Public University

The trends of thought on making men as the soul are developing, and the thought of right is prevailing, which makes the vacuum of law gradually shrinking then fading away finally. Along with our country bringing into effect a series of innovative measures in the field of education, the administrative power of universities is expanding continually. But in real life, since present law on the students' procedural rights is not perfect, the improper exertion of universities' administrative power which invades many students' rights arouses more and more litigations between universities and students. Because of this, not only the authority of universities faces confrontation, but also the embarrassments aroused by the vacuum of law unveil day after day. Nowadays, people pay more and more attention to rule of law in the field of administration of universities. By studying the administration of foreign universities, we can find that public universities must accept the restraint of the principle of due process when they implement behaviors that influence the interests of students badly, wherever in civil law countries or in common law countries. But in our country, the dim procedural consciousness in the universities' administration is a fraud for a long time due to the traditional privileges of universities, which has been making students often demur, and the court also want to open the door of rule of law in universities with the help of students. From the two cases of Liu Yanwen V. Peking University and Tian Yong V. Scientific University of Beijing, people gradually get to know very well about the principle of due process in universities' administration. But in fact this principle is not certificated in judicial practice and is not invoked directly just because of our country's not belonging to the common law system, which makes the road leading to the application of due process in our universities not easy to conquer.,. As a civil law country, we can only settle this problem to the core by starting with legislation. So the author suggest that the principle of due process in the universities' administration should be legislated to the concrete, and the student's right of appeal and the hearing system must be perfected. At the same time, the introducing about the principle of due process must follow the principle of the balance of right and power in order to protect the realization of the "self-rule of university" and the freedom of the academy, only by doing this can the principle of due process exert its restraint function in the universities' administration mostly.