Study On Perfect The Regulations And Disciplines Of Public Schools From Administrative Perspective

The school regulations and disciplines, is the basis of school independent management to the student. Recently, some school administrative disputes frequently appear, mostly are the results of the flaws of school regulations, therefore students' legitimate rights and interests receive the infringements repeatedly. Naturally, this situation has urged us to rationally carry on legal examining on the school rules and regulations carefully. This paper attempts to discuss the legal status, the flaws and the perfect methods of the rules and regulations from establishing schools' administrative law status. The purpose of the paper is to better formulation and implementation of school rules and regulations in our country from administrative jurisprudence perspective.This paper is divided into three parts.The first chapter mainly discusses the background conception. It gives which object will be discussed in our paper. This is the prerequisite of further studies of school rules and regulations in the administrative fields. The first section mainly introduces the types of schools, which is the realistic factor we have to define. The section is to establish schools' administrative subject status. Theorists approximately have the following viewpoints so far: civil subject, quasi official subject, administrative subject. The second section mainly involves the basic legal discussions of school rules and regulations. Looking over Chinese and foreign correlative theory, the author has induced three viewpoints, which are non-litigable internal discipline, civil contract and standard documents outside administrative legislation. By measuring them, the author finally defines it as the last one, which exactly echoes with the administrative subject status of the school.The second chapter mainly introduces the present defects of school rules and regulations in our country. The first section exhibiting the prominent problems of regulations are as followings: The goal is departed from protecting students' rights, the content conflicts with laws, the process is lack of democracy and supervision. And then the author summarizes reasons for these flaws, which are dissimilation of authority right, surviving autocracy effect, failure to implement principles and imperfect system of supervision and relief.The third chapter mainly introduces some basic thinking on how to perfect school rules and regulations in our country. Macro-plane is how to guide school value orientation, including service administration idea, ruling by law idea. Micro-plane elaborates the concrete measures of perfecting the school rules and regulations system. It includes hearing, matter-in and afterwards supervision and relief system to further standardize formulation and implementation of school rules and regulations.Among them, some systems are original for the school regulations, such as anticipatory hearings, censorship, education arbitration and administrative litigation.