A Study Of Public Higher Educational Institutions' Power To Punish Students

The power of punishing students that public higher educational institutions own is entitled by Education Law and Higher Education Law of our country. But owning the power doesn't make it legal. In recent years, there are more and more cases of college students suing their schools. On one hand, the cases reflect the consciousness that students are protecting their own rights more and more. On the other hand, we can see there are a lot of problems that exist in the process of punishing students.Public higher educational institutions have different legal status' that decide the relationship between students and schools. In the first part of my thesis, I analyze the contents and kinds of the students-punishing power that public higher educational institutions own. It can be described as follows, it is the power of punishing and managing students that impowered by the law. It is a needed way of management, its an administrative action.In the second part of my thesis, I analyze the administrative legal status when public higher educational institutions use the punishing power. We consider the legal status of public higher educational institutions as authorized by laws and regulations. It is an administrative body. Then, we can make clear the relationship between students and schools. When playing the role of administrative body, public higher educational institutions share the same legal status with common administrative organization, but it also has its own characteristics.In the third part of my thesis, I analyze the illegal aspects and reasons when public higher educational institutions use their punishing power. Those aspects are the illegal punishing body, illegal punishing process, illegal punishing contents and aims. The reasons are as follows: first, the laws of our country are out of times comparing with the development of education. Second, we have the education tradition that teacher is more important than students. Third, some people who in charge of schools think law is not so important. Lastly , The theory of special power relationship that originated from Germany influenced our country deeply.The illegal using of punishing power results in the cases that students sue their schools. In the forth part of my thesis, I point out some ways to protect the legal right of students. The relief systems are include protection before and after. The protection before is allow to build better material law and procedural law. and colleges should have a mind of students-oriented. The protection after include administrative relief and judicial relief. We consider that if the students were deprived of the right of education. They can sue their school .When punishing students , the following rules should be abided by, they are principle of keep the authority of law , principle of due process , principle minimum punish and principle of fairness. Lastly, hat the public higher educational institutions also persist in the idea that education is more important than punishing.