Research On The Rights Of The Student Of Public Institution Of Higher Education

Rights of the student of public institution of higher education (abbreviatehereinafter as university student), it makes a comment to be or not to be acertain qualification, opinion, interests of behavior in public institution ofhigher education study. It is the legal right that the university student enjoy inaccordance with the law, or is expressed regulations by the law, according tosocial economy, politics, culture development level, and the spirit, legal logiclegal experience of law.In recent years, with the development of democratic legal system processof our country, with the awakening of university student's right consciousnesstoo, the behaviors that university student use law weapon safeguard theirlegitimate rights and interests increase day by day, and the universityfrequently involves in lawsuit is an irrefutable fact. For wide clear overallframe of rights of university student, make university student know the rights,exercise the rights and safeguard the rights correctly, this text tries to researchfrom four following respects:At first, the current situation of the rights of university student and origincause of formation. " Law can by oneself in vain ", legal right that universitystudent enjoy must pass the corresponding transformation, must turn into therealistic right before they can give play to their should be powerful, it is true,intact, just have real value to university student. This part explains thephenomenon that the university infringe the student's legitimate rights andinterests in the course of managing and teaching by way of enumerating, sothat people can produce a macroscopic understanding on this, and then pointout, the reasons that cause the appearing in above-mentioned situations lie inmainly: Constraint of the old management mode, influence of traditionalinfluence idea, faultiness of legal system of higher education and block ofrelieve way.Secondly, it explains the system of the rights of the student of publicinstitution of higher education. This text regards content of the right as thestandard, builds up a comprehensive right system including personal right,property right, political right, receive higher education right, etc. Consider thatthe disputes of proprietary and political right are relatively simple, easy tosolve, so this part takes the personal right and the right of receiving highereducation as the focal point to describe.1.Personal right. Personal right, means that university student enjoy inaccordance with the law, which can't separate and negotiate as the legal rightof the content of the direct goods instead of being one's own. The right can bedivided into personality right and identity right. Because university student'identity right will not be influenced in the legal relation of higher education, sohere only includes university student' personality right actually, its concretecontent as follows:(1) Right of freedom of person. Right of freedom of person, Meansuniversity personal infringe and independent right of behavior in range of legalprovisions. Say in terms of broad sense, the right of freedom of personincluding freedom of person is not infringed, bedroom is not infringed,freedom of correspondence and privacy of correspondence is protected by law ,freedom of marriage ,etc.(2) Right of dignity of human personality. Right of dignity of humanpersonality, refers to university student enjoy in accordance with the law aspeople due social status at least and receive the respect from society and othersat least. It includes concrete rights, such as life and health right, name right ,portrait right , reputation right , right of privacy ,etc.2.Property right. Property right, means that university student enjoy inaccordance with the law, the exclusive, unalienable right of disposition to thething. For university student of study at school, their proprietary enjoyed inaccordance with the law includes real right, creditor's rights and intellectualproperty right mainly.3.Political right. Political right, means that university student enjoy andparticipate in the national political life, manage the country and express thepersonal opinion and suggestion on politics in accordance with the law.University student enjoy the extensive political right. Include concretely: theright to vote and the right to be elected, freedom of speech, publication,gathering, association, parading, demonstrating, right to criticized, right ofappeal, accusation or informing against.4. Receive higher education right. Receive higher education right, refersto the fundamental right that university student request country offer the equalterm and chance actively, develop its individual character, the ability andintelligence and physical and psychological ability through studying, in orderto obtain equal chance of existence and develop in accordance with the law.Include the following contents mainly:(1) Pupilage right. Including pupilage ensure right and pupilage handleright two concrete rights.(2) Study ensure right. Including right of participating in educationalteaching activity, right of utilizing educational teaching facility, right of askingfor teachers, right of reselecting professional etc.(3) Win just appraisal right. Including obtained just appraisal right ofconduct and obtained just appraisal right of study two concrete rights.Thirdly, it is analysis on hot questions about the rights of student ofpublic institution of higher education. University student's right is one dense,complicated comprehensive system. Limited to space and ability, this text onlyselects several hot questions to make the discussion.1.Life and health right. At present, the campus accident to whichfrequently happens is the main threat to university student's life and healthright. This part, analyses the concept, characteristic, origin cause of formationand the responsibility principle to the campus, I hope it could prevent fromcampus injure emergence and deal carefully with the accident.2.Right of freedom of marriage. The question whether the universitystudent could get married is a focus that people discuss in recent years, thispart analyses the pros and cons suggestion, combines latest legislation andsocial work, then make a conclusion that the university student of study atschool enjoy the right of freedom of marriage.3.Right of privacy. All the time, there are defect and deficiency inmaintenance of student's right of privacy in universities, and then result inignoring, even the phenomenon of infringing student's right of privacy takeplace repeatedly. This part exposits the basic content of student's right ofprivacy, in order to help the university student in safeguarding the rights inaccordance with the law.4.Pupilage ensure right. Enjoying and keeping the pupilage is theprerequisite and foundation that a legal relation of higher education can takeplace and extend. Combining the latest legislative information, this partexpounds the conflict and balance, and hopes to find the best combinationbetween the pupilage ensure right and the university's discipline power.5.Reselect professional right. It is a strong hope of students in manyuniversities to reselect the professional, this part introspects the currenteducational pattern, combines the relevant practice both at home and abroad,offers the support in theory for the thing that university students exercise thiskind of right.Finally, it is relief of the rights of the student of public institution ofhigher education. " Have no relief and have no right ", the old maxim tell theimportant meaning of the relief for safeguarding lawful right, rational andcomplete relief way is the essential term, not only guarantees the teachingmanagement legal and rational, but also guarantees the university student's justrights too. At present, there are two kinds of ways that university studentscould seek to relieve mainly:1. Student appeal system. Student appeal system is a non-lawsuit reliefway, it means the system that when their legitimate rights and interests receivethe university or the university staff's unlawful infringement, university...