A Study On The Legalization Of Management Of Students At University In China

Nowadays, as great emphasis being put on constructing a constitutional society, law-accorded administration of college students and how to realize this process has become an important subject in the attempt of governing colleges and universities by law and science. Under the situation of governing the country by law, the consciousness of students'right is promoted and consciousness of right's relieving is promoted.The article starts from the development process of the public university and the present conditions of the judicatory practice and conditions of the judicatory practice and theory research in China. By comparing the three legal status of domestic colleges: the administrative subject, administration relative person and legal person. Generally speaking, as an instructing and teaching organization, higher institution makes a civil legal relationship with students. As a law and rule authorizing organization, higher institution makes an administrative legal relationship with students. As the spokesman of the common benefits and order of school and students, higher institution becomes collective legal person, and makes a special power relationship.Recently, with management of nation ruled by law, the colleges in our country are extending, and questions are coming up increasingly. Administration of universities is often conflicted with rights, which mainly turn out to be that it conflicts with rights of students'education, rights of students'free, the impartiality of procedure rights of students, civil rights of students, and justification rights of the students obtained, and so on. Confronting with such trouble, administration of the universities have to obey the require of constitutionality. Pursuit of procedure and efficience changes to the pursuit of just, and administration changes to service. To make clear of the legal status of domestic colleges, and to make clear of a legal relationship between students and institutions, it is necessary to strengthen the right of colleges' autonomy and the right of students'autonomy. Setting administration right of college students should follow the principles of proportion, participation, responsibility and even. The power of institution protect the rights of students to improve the right of students'autonomy. Improving relative law and regulation. The legal person station of university should be clear. Bringing the Appealing Dispose Committee of University into Advanced Law of Education. Improving legal remedy system. Setting independent education arbitrament institution. There should limitation for judicial intervention in school administration and improve the systems of. judicial remedy and management on university to reach the impartialities of procedures and entelechy. Only in such ways can school administration, student rights and judicial independence act well with each other.