Conflict And Coordination Between The Universities' Power In Managing Students And The Rights Of Students

In recent years, with the deepening of China's rule of law, college students' awareness of right is gradually raised. The legal dispute between college students and universities gets social concern and is heatedly discussed, with the involvement of judicial process. These disputes are in large measure due to the exercise of the right of management on college students by universities, and, to some extent, reflect the existing problems in the management of students in China's universities. However, in essence, this is the conflict between the executive power of universities and the students' right. This conflict is manifested in that between the concept of administrators and students, and also in their specific management system, ultimately attributed to the power-based or rights-based dispute. In a different standard, students resort to different relief channels when they meet the erosion of their legal rights and divergent results appear. Therefore, in the course of building the rule of law in our society and a harmonious society, strengthening the protection of students' rights and relief based on the students' right and achieving the harmonious management development of higher education, have been the necessity of healthy and stable development of current higher education cause.This thesis, by absorbing the research findings of domestic and foreign related theories, based on the cases concerned with administrative law, the education laws and regulations, discusses the legal relationship between the universities or colleges and their students, conflicts between their power and rights, and how to coordinate those conflicts. To be more specific, the thesis begins with the legal relationship between the university/college and the students, and then clarifies the content of the administrative power of the school and the rights of the students. It focuses on the causes of conflicts by examining through the idea aspect to the institutional aspects. Consequently, guided by the theory dealing with the conflicts between power and rights, and between the rights of the school and rights of the students, the thesis points out that under the present conditions, students rights should be taken as the standard, and get full respect and guarantee. The traditional idea that management is the standard should be replaced to comply with the trend of the developing administrative law. Then, on the basis of the concept of protection of rights, this paper made a microscopic analysis on specific systems of the existing management of colleges and universities from two angles, schools and students. With a view to adopting this research, it could make a modest contribution to the eventual establishment of a relatively complete and effective management of colleges and universities, and the coordination system of the rights of students.