Administration Authority On University Students And Students' Rights: Conflict And Its Resolution

As the deepening of higher education and carrying-out of democracy and monocracy , the flaw and advantage of legislation of higher education are reflected gradually. Meanwhile, the legal problems in the management of universities are exposed. These years, the legal issues that students sue universities become more and more, and attract concern of the society. Most of the issues are caused by universities'management on students, which in some degree reveals the problems of universities'management.On the basis of absorbing related theories home and abroad, this thesis researches the conflicts and countermeasures between university and student by study administrative laws, education laws and regulations and related cases. The paper makes clear understanding on universities'authority and students'rights, analyses the law relationship between universities and students. Conflicts between universities and students are caused by many factors, such as the influence of traditional opinions, wrong cognition of universities'authority, the disadvantages of legist ion, and the missing of students'right defending and so on. In order to resolve the conflicts, the principle of administrative legality, administrative rationality, trust and protection, and administrative opening should be obeyed, the legist ion system of education laws and regulations should be improved, and the construction of building and improving universities'inner regulations. At the same time, attention should be paid on the legal protection of students'rights.