Legal Analysis Of University Disciplinary Action

Given the delayed legislative and reality of incomplete university student disciplinary regulations, the study of university disciplinary action has more important theoretical and practical value. The right of university disciplinary action should not be violated, at the same time, it must be under supervision by law. Students should have administrative and judicial relief against punishment in order to protect the legal rights.In this paper, I use the knowledge of jurisprudence, administrative law, administrative procedural law, educational theory of management and value analysis, logic analysis, historical research, case analysis and other methods to study the issue of university disciplinary action, the text is divided into four chapters.The first chapter is an overview of the university disciplinary action. It discusses the meaning, legal nature and the type of the university disciplinary action; for the relationship between the university and students, we should abandon the traditional special relationship theory and create a new theory in relationships.The second chapter discusses there are many irrational aspects of the current university disciplinary regulations; we should review the reasonability of the regulations according to the principle of the rule of law. Chapter three describes the disciplinary procedures should meet the basic requirements of due process; the right to relief against the disciplinary procedures should be swift and effective. The fourth chapter discusses there are still many defects in the current relief system,we should improve the regulations of internal complaint, the system of administrative reconsideration, the system of administrative proceedings to protect the legal rights of students.We must control the right of university disciplinary action by law and protect the legal rights of students as much as possible in order to benefit the reconstruction of higher education institutions for the rule of law and establish a scientific and rational mechanism for the discipline of students according to the spirit of the rule of law.