The Compromise Between Administrative Power And Students Right To Education In Colleges And Universities

This paper has analyzed the administrative cases that some students expelled from colleges charge their school to infringe their Right to Education, and put some new problems, which appear in the practice of administrative litigation in our country. These problems are whether colleges and other administrative entities can become defendants or not, and how to determine these institutions' position appropriately. When colleges are often accused by students, it causes a violent controversy between the research of law and education. Then what's the law relationship between students and colleges? Because neither administrative system nor the aspect of the law has any definition so there will be a great divergence when coping with these law cases. Furthermore, over a long period of time, people always neglect students rights to education, emphasize the power to make decisions of managing the colleges. Unilaterally, and all of these factors cause the conflicts between the right and authorities. As the time passing by, the conflicts are becoming more and more violent. How to suppress the conflicts and to get the balance or compromise between them? In my opinion, we can make the college's law position by means of the concept of artificial people of state officers on mainland, because there are two different suit systems — civil suit and administrative suit in our country. Any college's inner regulations must submit to the law, and mustn't contravene the law of state. In recent years, there appear more cases that students charge their school's improper punishments, and these reflect the conflicts have become violent between the school's managing power and students' rights to education. The shortcoming of entity's rules, the lack of program and unsmooth approach of providing aids are all the causes of unbalance between managing power and educational right. How to regulate the school's advantageous position, at the same time, defend the students basic rights to education, and achieve the compromise of benefits between them will be great significant either on theory or on practice.