Study Of College Students Dispositions

It is a necessary means for the education and administration in universities to exercise authority over inflicting a penalty on college students. Nevertheless, it does not mean that punishment power has no regard for the society law. In the process of realizing college education under law supervision, the administrative power of educational institution should be guaranteed; meanwhile, the exertion of administrative power should be restricted and superintended. The main body of administrative institution should give attention to realizing administrative aim and protect the right of administrative object with best efforts when executing administration. The universities as administrative organization authorized via legislation should execute administrative punishment impartiality to avoid unfavorable effect to the rights and interests of students.This dissertation is devoted to discovering the possibilities of exercising authority over inflicting a penalty on college students as an intersect field of educational administrant and law and the practical ways to address affective factors with the help of pedagogy, law and administrative lawsuit law applied in this study. In the terms of theory study, this thesis analyses the connotation of college punishment power via expounding the legal status in universities, legal character of college punishment power and the relationship between universities and students. In the terms of practical study, this thesis analyses the problem of"legislation limitation","law execution limitation"and"irregularity rectification"involved in the execution of universities punishment power. This research further illustrates the reasons of unsmooth execution of universities punishment power, which includes"balance the relationship of universities and students","ensure the rules and disciplines of universities are within the law","further develop the channels of students rights relief"and"advance the law consciousness of universities and students". Among these, the misunderstanding of relationship between universities and students is the main reason of increasing college educational dissenting cases. The direct causation of universities being appealed is that some universities rules and disciplines conflict with upward law. This thesis put forward to assume to establish harmony college punishment power system via previous analysis and discussion. Firstly, based on the law principle, the special principles applied for college students'punishment power are brought forward: a. validity principle; b. the principle of punishment and education combination; c. equity principle; d. proportion principle; e. administrative relieve priority principle; f. lawsuit intermittent principle. In the terms of entity law, this thesis proposes to divide students'punishment into students'identity punishment and general punishment. The general punishment is determined to be behavior punishment and warning punishment. In the terms of procedure law, this thesis suggests establishing a programmed punishment rule and supposes a complete set of punishment process. Secondly, this thesis put forwards the approach of perfecting college punished students rights relieve, which are: a. fetch in the bearing of witnesses system in the punishment process; b. found arbitrate system in the academic punishment; c. continue to carry out and prefect educational administrative resolution; d. realize the punishment lawsuit system as a result of relieve. China′s colleges and universities, we are fully copy foreign requirement is unrealistic, but should also do: make expulsion in such major action should be decided at a hearing, the treatment process should allow students defenses, Testimony and inform its handling complaints against can apply for reconsideration or institute an administrative lawsuit .The rule of law has become the basic strategy of governing the country, the law school should also become the basic strategy of running the schools. To fully advance the process of governing education, law school, college students must be punished so that the rule of law into the system and standardized track, from the entities and procedures start with the two sides and to regulate and perfect: In entities, clear laws and regulations in the college of education students in the management of the authority and obligation to make a college are we must understand the legitimate rights of the students, so that when the action does not infringe upon their legitimate rights and interests. In terms of procedure, should establish a set of proper legislative procedures and law enforcement procedures, and effectively protect students enjoy defense statements opportunity to address the students carefully disciplined, appropriate, reasonable and lawful.It is not long time since the proposition of college students'punishment power is supposed. This research as an important portion of college administration under law supervision will be brought into the track of nomocracy. Recently the increasing lawsuits to colleges via students are the symbol of university legal system, which foretell the relative system will gain the renascence. This research of college students'punishment power starts with a trivial aspect of college educational system, aiming that college will farthest guarantee the students'legal right when they execute the punishment power with the legal conception and rational thought. Though in some sense this research of college students'punishment power is premature, it points toward a possibly fruitful direction for other practitioners to explore.