| Current cases in the disciplinary actions of public higher schools are new problemscalling for attention. It has been necessary and urgent to research into thecontradiction and equilibrium between the disciplinary power of public higher schoolsand the right to education of students. Based on the late theory of education and law,the dissertation analyzes students' identity of disciplinary power in public higherschools, the management work will not in accordance with the spirit of ruling by lawnow then when public higher schools exercise the disciplinary power, and then bringsout effective suggestions to solve the problem from theoretical view.Based on the achievements about the disciplinary power in scientific research, thedissertation probes into the conception,connotations and legal characters of thedisciplinary power in public higher schools. Then, tied with the perspective of legaladjustment and the amendment of Higher School Management Regulation, theauthor analyzes the contradiction of the disciplinary power in public higher schools.Finally, by consulting the legislation experiences of foreign countries, thedissertation proposes a primary construction of the way settling the disciplinarypower, and legitimate systems of legal restriction should be established to make surethe full achievement of the legality and the rationality. |