Vision Of Due Process In The Disposition Of University

British common law tradition of "natural justice" is "due process" development of the concept roots. It has two basic requirements: First, everyone has the right to defend himself when any person or group in the exercise of power may be adversely affected them, they all must listen to each other's views. Second, the judge can not be any person or organization itself. Modern society continues to expand executive power, making the application of the principles of natural justice from the judiciary extends to the administration. The development trend of administrative law has become due process of law to control government power to protect the legitimate rights and interests of citizens. More and more countries endors this idea.State laws and regulations and school rules and regulations stipulate university can made specific punitive measures to punish the students those violate obligation, which is to achieve better education or management purposes. The disposition of college to Students is an administrative act of authorization, which should be regulated by principles of administrative law. Therefore, in order to protect the legitimate interests of the students who have been punished, and to prevent the University abuse of discretion and enhance the legitimacy and credibility of the punishment decisions, so let the due process applies to college for punish student behavior has become very necessary. the colleges of our country's punishment to students can use due process, colleges punishing students through due process action is feasible. The theory and practice abroad also provide us with valuable experience that can draw on.The university administrators in China due to the long the impact by the traditional law, "value substance, despise program ". In practice, the process of punishing students often does not follow due procedures, lacking of due process concept. Currently, through the problems happened in the students punished by college, lacking of due process has become a prominent problem.in order to protect the fairness and rationality of the punished decision, to achieve the desired purpose of education and management., in the context of the rule of law, making the behavior of colleges' punishment students into the legal system sanctions have become an irresistible trend. In the context of university management in the rule of law, in order to make the dispose of the students of College procedures system more in line with the spirit of the rule of law and philosophy, it is necessary to reflect on and improve it. There are main ways: improving the punishment of students in the university machine complaints system, evidence system, inform system, administrative hearings, appeals system,and allow limited judicial intervention.