The Research Of Student Disciplinary Hearing System In The Universities

The university has the right of punishment whose legal nature is belong to administrative power according to the law, so we ought to deal with disciplinary sanction in legal administration procedure . However, many universities have been prosecuted by students and lost the lawsuits because of the deficiency or demerit of punishment procedure in judicature affairs. Fortunately, as the heart of the legitimate procedure, the hearing system has been led into the university hypervisor and the procedure of punishment towards the students by universities for a long time .This article analyzes solid evidence in the practice of hearing system by comparing the affairs among different circumstances and the affairs between now and the past during recent ten years. Although the universities have made preliminary progress in hearing system of punishment towards students, the following problems still remain: people's right of participating in the hearing is still limited; hearing of witnesses can't be preposed; system of files exclusivity hasn't been established; the independence of hearing organization is not powerful; the remedy system of hearing system is absent ; the transparency of hearing information is not enough and so on. There are many adverse factors: The education legal system building is not adapt to the reform of higher education system; The concept of"administer the university by law"has not been set up and carried out; What's more, the traditional concept of"stress the entity while understimate the procedure"also has an effect upon it.It is constituting our country's higher education substantive law that instituting and consummating universitiy's hearing system of punishment at large should rely on. We should improve on our higher education procedural law forcefully, and set up legitimate procedure principle, and make clear that university punishment should accept judiciary cognizance. We should strengthen the university governors'cognition of legitimate procedure and system so that we can put right the right of publishement towards students though legitimate procedure. As a result, we can make the visible equity come true by hearing system. In addition, we should also design administration procedure to cultivate students'character of democratic participation.We should do as follows to institute and consummate universitiy's hearing system of punishment: hearing system should be brought forward;The extension the hearing can be used should be confirmed logically; we should also make the hearing principal part more unaided and adiaphorous; we should set up the system of files exclusivity accountability system supervise and remedy system.