Administrative Power Of College And The Protection Of College Student's Rights

Under the background of"human rights"and"rule of law", people concern more and more with the protection of college students'rights. In recent years, the lawsuit litigated frequently by college student to their alma college exposed that there were many problems in the area of protection of college student's rights.The notion of relationship between college and college student's rights of college students, and administrative power of college is the theoretical base of the study about protection of rights of college students. As a public corporation , there has legal relationship of college administration between college and college students. college student's rights is divided into two categories based on the identity of college students by author. One category is based on student identity as college student including the right to study , the right to participate management of college, limited autonomy, the right to have procedural safeguard and the right to relief their own rights. And the other category of right is based on student's identity of citizen including person right, property right, the right to marry freely and other rights. College administration is a kind of public administration. And administrative power of college has the property of public administrative power including the power to formulate regulations of administration of college, the power to excute administration and the power to do arbitrament to college students. The imbalance and conflict between administrative power of college and student's rights is caused by many reasons in practice. And this conflict is also the main reason of the appearing of barrier in protection of college student's rights. This conflict is mainly manifested by the loss of the right of college students to study, person right, property right and other rights , which is caused by the infraction of administrative power of college. The imbalance and conflict between administrative power of college and college student's rights is mainly caused by the devitating of the concention of status about administrative power of college and college student's rights, the lack of restriction to administrative power of college and the faultiness of the mechanism to relief college student's rights.Finally, the author put forward a suggestion to perfect the mechanism of protection of college student's rights which is based on the former treatise among the article. One point is that the mechanism must be proved by relevant legal principles firstly. One point is to perfect the mechanism for college students to participate the management of college. One point is perfect the mechanism to restrict administrative power of college. And the last point is to perfect the mechanism to relief college student's rights.