Analysis Of The Legislation Of The Tertiary Student's Management In China

Along with the quickening of national government's law and legislative advancement and national educational organization's reform penetration, the concept of constitutionality is gradually entering the tertiary education domain. With students suing tertiary institutes is at the trend of escalation, the judicial practice makes an active and breakthrough response in the existing educational legislation, for the management of tertiary students to be legislative governmental is an inevitable choice to make in order to adapt to the development of tertiary education. The legislative governmental of tertiary students has only came to the study and development in our current society, therefore, the fundamental research may not be sufficiently in depth and systematic, the related arguments proposed are still intense, the judicial practice are also not unified, and many puzzled questions awaits to be answered. At the same time, the legislative governmental of tertiary students are overlapping in both domains of educational management and the legislative management. The former research stresses much on the aspects of administrative management studies, pedagogy, and education management studies; however, this article is attempting to emphasize on the education management's angle. This article attempts from the legal science and the education management science perspectives, and stresses on the legislative study's basic principle to elaborate and comprehend the legislative governmental of tertiary students and conduct systematic analysis.This article takes the viewpoint of legislative governmental of tertiary students' connotative definition, managed from the background of legislative governmental of tertiary students, and its proposing issues and problems, along with prerequisites of the solution being given and providing concrete break down. Proposed the legislative governmental of tertiary students' theory, under the premise are to straighten out the tertiary institutes and student's legal relationship, understanding the explicit legal status of the tertiary institutes. This is the basis and foundation to the legislative governmental of tertiary students; it is also the fundamental problem that needs to be solved in order to legislatively manage tertiary institutes. This article attempts to argue and make comparisons between the Chinese and overseas theoretical study, on the various aspects carries on the comparison proof from the Chinese and overseas fundamental research and the judicial practice, proposed the tertiary institute and student's legal relationship should be part of the civil legal relationship and the special administration legal relationship, tertiary institutes' legal status should establish "official business legal person" perspective. Under this premise, the paper managed to make integrate considerations towards the current tertiary student's constitutional management; Construct a complete legal regime for the management of tertiary students; Ensure student's participation rights, and achieve a democratic management style; Establish the surveillance mechanism in the management; Establish tertiary institutes and students' legal knowledge, legal thinking and enhance moral construction as well as constitutional management of tertiary students.