Research On The Law Qualities Of The Punishment Action In Institutions Of Higher Learning

The punishment action in institutions of higher learning is becoming hot spot inthe the domain of Education Law in recently years, more and more people includingmanagers of college, officers from Education Department, scholars in Law and somelaw enforcement officers make scientific researches on it in different aspects. Most ofthem focus on the punishment action in public colleges, while there is few researchfindings in secondary schools. They pay more attention to the relief of the punishmentor legal proceedings without any essay in which the law qualities of the punishmentaction has been discussed. In addition, we can hardly find researchers who put thepunishment action both in public colleges and secondary schools together. This thesisaims to make a brief analysis on the essential qualities of the punishment action ininstitutions of higher learning, both in in public colleges and secondary schools.Before the discussion of qualities in law, researchers should know the wholeconditions of the punishment action in institutions of higher learning. As a studentmajoring in Administrative Law, I read a lot of books about different kind of law, orrules, which left me a very deep impression about the forms and the history ofpunishment action in colleges during 1980 and 2008 in China. The punishment actionin colleges was divided into five parts: warning, serious warning, recording the fault,stay after school for surveying, and dismissing. The reason for these five kinds of punishment haven't mentioned in Chinese law. According to the"Law of Education"andthe"Law of College Education", it is legal for colleges to punish students as anadministration, but public schools and secondary colleges carried out their punishmentaction with different qualities. That means public school carried out their punishmentaction as a public administration, however, the secondary college is only a party in thebargain when it punished its students.It is necessary to make clear the essential qualities of education and therelationship between government and education, or between the schools and thestudents. There is no doubt that the essential quality of education is a kind of action insociety, and government plays two important roles as the actor and the governor.Developing education is a duty of government, during that process, governmentempowered the public colleges to administrate their students. So to be theadministrations, public colleges formed an administrate law connection and created alegal relationship in civil law. On the other hand, secondary schools are managed byother legal subject, so the relationship between them and the students is based on civillaw. Just like the other administrations, either the public schools or the secondaryschools have been in charged by the government in the same way. in conclusion, wecould easily determine the nature of the punishment action in public school, it is atypical administrative punishment;but the the punishment action in secondary schoolsis a punishment which comes from the education covenant.