Study On Legal Remedy Of Disciplinary Punishment In Universities And Colleges

Disciplinary punishment to students is a free and legal right for universities and colleges. Currently, the education law in our country still has not provided exact stipulations to the right, which has offered too much freedom for universities and colleges to perform the right of disciplinary punishment. This has severely damaged students' education right and other legal rights. Students are obviously in the weak situation compared with their schools, thus even if they need legal guarantee to ensure their rights, they have no great enough abilities to withstand the power of their schools. Law proverb says, no remedies, no rights. As educated students should be given sufficient legal relief, otherwise there would be no right protection. Currently, the countries and regions which have better law system are focused on protecting the interests of students from the contents to the procedure. Because of various reasons, it hasn't set up a serious of college disciplinary punishment relief system for students in China. By analyzing the administrative position of universities and their legal property of punishment, this article pointed out the limitation of legal remedy methods in maintaining students' benefits, and illustrated their necessities from the angel of theory and reality. Then, by absorbing experience on establishing legal remedy systems from other countries and regions, fully analyzing the generality and particularity of universities' right of punishment as a free measuring activity, this article presented the necessity and ideas on setting up the legal remedy system in our country so as to balance students' legal rights, such as education right, and maintain self-administrative right of universities. The main purpose of this article is to get back or repair students' legal rights which have been damaged and help universities and colleges to perform the right of disciplinary punishment properly.