Seeking A Route To Manage The Students By Law In The Universities

The legal relationship between the universities and their students in the management embodies the legal relationship between the administrative subjects and the administrative relative persons. From the angle of the administrative law, the article assumes a systematic research in the route of the universities managing their students by law. The analysis of the legal relationship between the universities and their students in the management is the theory basis of the universities managing their students by law. After researching on the universities'legal status and the attribute of the universities'administrative behavior , the article makes the legal relationship between the universities and their students in the management clear. The constitutions are the beginners causing to violate the students'right in the universities 'management. In the cases reported by media, the bodies causing to violate the students'right in the universities 'management almost are the bad laws such as the universities'regulation and discipline. How to realize the management by good law in the universities? The article insists following six principles to develop and improve the constitutions to ensure the good laws based by the universities 'management. The six principles are the principle of the law superiority, the principle of the law reservation, the principle of proportionality, the principle of due process of law, the principle of the faith protection and the principle of the universities' autonomy. Combining the classic cases reported by media, the article details the meaning of the six principles. How to solve the troubles caused by the universities' management? The article insists changing the old concepts. The new administrative appealing should take the place of the appealing to the universities. The administrative reconsideration should take the place of the old administrative appealing ( or the appealing to the educational administrative organizations). The article argues to improve the administrative appealing system and carry out the administrative reconsideration, as well as establish the administrative litigation.