On The Suit System Of Administrative Case Guidance

As the higher education's deepen reform being pushed forward ceaselessly, the student's right and institution of higher learning disposition have already became the focal point that society shows solicitude for. The phenomenon that student right is infringed upon continuously has reflected that rule by law punishing hiatus in student in universities, As the idea of rule by law become conspicuous unceasingly, civil rights continues being played close attention to today, to practically protect the student's rights, colleges and universities must accord with ruling a spirit by law and be in accordance with the legal norm as punishing discipline-Violation student. But, evidence is both the foundation stone of building the legal action edifice and administration procedure backstage. Evidence regulation is the lapel norm sum filling up the certificate, quality certificate, attestation about obtaining evidence, putting to the proof. Perfect evidence regulation can restrain the authority abusing haring active significance to protecting civil right. Therefore, the administrative procedures should be in strict rules of evidence apply to college students in the action to protect the legitimate rights of student.The special authority relation theory, tradition science of law thinks that the relation between students and colleges are belonged to inside administration legal relation, therefore the dispute between colleges and students is behooved from accepting case range in the administrative lawsuit. With going deep into that theory studies and development of the administration main body, that colleges and universities punishes a student is one kind of administration legal relation. However, there are a lot of problems existing in our colleges student punishment, the existence supposing that the setting-up punishment, the main body of coming out, the basis of punishment and punishes procedure are wrong, these problem has infringed upon lawful right of colleges and universities student gravely.This paper form the administrative procedures of the basic rules of evidence in theory, learn form the students dispose of academic research rules, the college students punishment rules of evidence and administrative proceedings conducted distinction comparison. Then, the college students disciplined nature of a rational behavior analysis .Finally, the rules of evidence and case-specific content by combining each of the student on how to improve the college disciplinary rules of evidence with a view to regulate the actions of college students, the process of promoting the rule of law.