The Research On Law Of Emergency In Higher Schools

With society transforming and colleges reformatting that add a lot of uncertainty issues in the development of colleges, unbalances occur both inside the colleges and between the college and the outside, which cause that the occurring frequency of emergency is becoming higher and the affects become more and more obvious. For safeguarding the normal orders of colleges and life and property safety, the response of emergency is becoming the most important part of management of governments and colleges.The response of emergency in colleges is an action which is taken by the governments, the educational and administrative departments or the executive branches, and colleges on the time when the emergency happens until the colleges become normal, and happens in the full-time universities, colleges, higher vocational schools and the relative outside. The legal basis of this action reflects in the Constitution Law and the Administrative Law that is the right of security of citizen in the Constitution Law, and the university autonomy and emergency chief of governments in the Administrative Law. The America, Britain and Japan have established completed laws for the emergency happened in colleges. However, the corresponding laws for the emergency response are still incomplete which cause a lot of legal problems. These problems are: the procedure for governments intervening is absent; Management rights of presidents of colleges are not definite; the legal status of security department of colleges is indefinite, or the security departments have responsibility without authority; some problems are not handled with human in mind. The concrete solutions of the legal issues of the emergence response include: making a standard procedure for the previous disposal of college and the later management of government; defining the President's authority; demarcating the legal status and authority of security departments; defending the rights of teachers and students after the emergency happened.