Structural Research On University Hearing System Of Punishment Toward Student's Discipline Violation

In recent years, the issues about the university's right of punishment, no matter on the practical aspect or the theoretical aspect, have gradually aroused the extensive concern of the society. Those issues, such as how to coordinate the conflicts between the university and the student, how to protect the just right of the student during the procedure of punishment, how to standardize and supervise the university's right of punishment, become focuses to which close attention is paid by scholars.The hearing system is attached more and more attention as a procedural system of protecting party's right and standardizing the administration of government and office. In China, some universities have led the hearing system into the procedure of punishment towards the student and already gained some experience, however, the following problems still remain: relevant educational rules and regulations are weak; the conflict exists between the rules of the school and the law; the hearing system is absent or imperfect in the procedure of punishment toward the student. The main reasons are: the stagnation of the legal construction of education in China; the existence of the idea of ruling by man in the mind of the administrator of the university; the influence of the traditional idea of "stress the entity while underestimate the procedure" in the legal system in China.In order to protect the student's lawful right in an all-round way through the function of the hearing system and restrict the school's management power effectively, we must perfect the relevant educational laws and regulations to promote the...