On The Legal Control Of The Power To Take Disciplinary Action Against College Student

According to the Education Law, Higher Education Act and other relevant provisions of higher education, colleges have the power to take disciplinary action against student. However, how to define the power, what the procedure should be followed when colleges exercise this power, what are the channels through which students can seek relief and so on, these issues were not specified by legal provisions, which lead to the confusion of college management in a certain extent, and also the infringement of the legitimate rights and interests of some students. Since the last few years of the 20th century, take the case of" Tian Yong VS Beijing University of Science and Technology " in 1998 and the case of" Liu Yanwen VS Peking University "in 1999 as an opportunity, the Mainland of China begin to change the silence of the past, dozens of disputes in the case of higher education are received in a few years. Not long after however, the courts' efforts to expand the try scope in the field of education are repeated failures. On the one hand, students continue to sue colleges of improper disciplinary action shows the conflict and confrontation between the individual rights of students and school management objectives; On the other hand, the significant increase in the controversial power, as well as the courts' inconsistent attitudes in such cases also reflects the deficiencies on the legal control of the disciplinary power. Under the background of the rule by law, to review the issues of power with law, to regulate colleges' disciplinary action and students' relief means by law, is a problem can not be avoided.In this paper, the first chapter is an analysis of the concept and nature of colleges' disciplinary power, and also a general disposition on the problems in the establishment of disciplinary rules, the exercise of power and the rights of students to be relief. The second chapter is a specific analysis on the deficiencies and solutions of disciplinary rules, including the sources and effectiveness of rule-making power, the representations and reasons of anomie, the regulation by legislation, administration and democratic supervision. Chapter III focuses on college the principles and procedures should be complied with in the exercise of disciplinary power. The principles include basic principles of administrative law and other special principles. The procedures are divided into pre-procedure, a matter of procedure and after the procedure. Chapter IV discusses the problems of students' relief system and countermeasures, including the appeals system, the system of administrative reconsideration and the administrative litigation system.