Meditation On College Students Administration From The Perspective Of Administrative Law

In recent years, the cases of high schools' unreasonable disciplinary penalties of students are shooting up, which arouse wide public attention. Whether schools and students are of civil or administrative relations? What principals and rules must be observed if schools play the role as subject of administration? What legal actions can be taken by students dissatisfied with the administration of schools?Whether schools are subject of administration or a civil subject is in accordance with specific situations. The distinction between these two roles is based upon the obligation and the essence of the administrative actions on the part of the schools. They are authorized subject of administration when having a clear constitutional or statutory source and when they are doing their duty of providing education as their compulsive public right.Their administrative actions must abide by the fundamental Administrative Laws. Based on formal justice, schools must be in conformity with legitimate administrative action, including authority law, law procedure and law reservation; based on substantive justice, they must adhere to administrative balance, ranging over equal treatment and prohibition of excessive application; based on procedure justice, they must observe the administrative legitimate procedure, covering that of prohibition of impartiality, administrative publicity and administrative intervention and efficiency.Students dissatisfied with the administrative actions, considering that their lawful rights are violated, can seek for lawful aids such as appeals, administration reviews and administrative litigations to protect themselves.The case of Beijing University of Science and Technology is one of the typical cases that have proved in many aspects the author's views, as well as demonstrating the significance of the doctrine of 'stare decisis'.In the context of building a socialist nation by operation of law, high schools should see people as the priority, strengthen their related legal system and carry out their administration actions under judicial supervision.