Research On Legal Conflict Between Management And Students' Privacy In Colleges And Universities

In recent years, the conflicts between the students' privacy and the management in colleges and universities are increasing; therefore, the society pays more and more attention to it. Nowadays, the researches by the legal theorists on the right of management and students' privacy in colleges and universities are more concerned about the conflicts between specific rights and privacy protections. There are still many different views among scholars about the feature of management in colleges and universities, and the majority of them think that it belongs to administrative management. Privacy has always been considered as passive rights. People have been studying about privacy for more than a century, but the theory has only been introduced to China for more than 20 years. The countries which have accepted the concept of privacy hold that the rights of privacy belongs to civil rights. When there is a conflict between management of colleges and universities and students' privacy, we should give priority to privacy, especially nowadays. To accept the idea of students' privacy means that we need some compromise in the process of management. Not only should the colleges and universities do the duty of management, but also protect the students' privacy. The paper is divided into 5 parts as follows:â… . Introduction.This part gives a brief introduction to the background, meaning and previous researches on the conflicts between management of colleges and universities and students' privacy.â…¡. Relevant theories on the management of colleges and universities.This part gives an introduction to the different views home and abroad on the feature of regulations in colleges and universities, legal relations between colleges and students. And it also gives a list of specific management rights of colleges. In all, we know that when we are dealing with the conflicts in the management of colleges and universities, we should concern about dual legal relations of both administrative management and civil rights. When the colleges and universities are educating students, they should have a contract relation of education services with the students; and when the colleges and universities are implementing the administrative management which must has the feature of administrative management rights.â…¢. The privacy theory. The privacy theory has existed for more than 100 years internationally, but only for 2 decades in China.Although China didn't give privacy rights a legal position, the recognition of privacy rights has become a trend in the international legal system. Our country is gradually stepping into the stage of respecting and protecting personal privacy. The students' privacy mainly includes: personal field privacy, personal information privacy and personal activities privacy. The violation of students' privacy has the following features.â…£. Violation of students' privacy in the process of management and cause analysis.The root of the violation is because the different objects of the two rights, therefore, each has its own legal interest, and conflicts happen because each rights tries to protect its own interest. There list some actions which frequently cause the conflicts.â…¤. The solution to the conflict between management of colleges and universities and students' privacy.This part considers about both the guiding principle and process of management, and stresses the perfection of legal system. It summarizes the deficiencies of legal system in China, and introduces the successful example of privacy and personal information protection in foreign countries systems.â…¥. Conclusion...