Regular Higher Institutions' Power To Punish Students

With the deeper reform of the higher educational system in recent years, China's higher schools have had more and more autonomy to solve more and more obvious problems including the student punishment power.Though the academy have the right to punish the students according to current higher educational legal, no details such as nature of the punishment right, the procedure of the punishment, and how to ask for help when the students need it. So, the fact is that the students are punished presumptuously, the legal rights and interests of student are hard to get to protect. Therefore when our country carries out rule by law nowadays, it is a common issue for practice and theories to examine the academy's punishment power by law, to make the academy's punishment behavior more normalized.In this paper, academy student's punishment is studied and discussed based on the research accomplishment of law circle concerning school punishment power, the basic principle of pedagogy, administrative law and administrative procedural law. In the first part of this paper, the legal position of high academy, legal nature and the intension of the punishment power are analyzed. We can only make the legal relationship between academies and the students clear, offer the law to solve the dispute and institute legal proceedings. The punishment power of academy is a kind of managing methods which is managerial, administrative public power which academies carry out negative sanction and punishment to the students who break the law and regulation.In the second part of this paper, I discuss the very important problems when the academy use the punishment power. The reasons why the academy student punishment power is non-standard, punishment power lack of powerful program and punishment relief system is un-sound are the un-sound our educates legal system, also the legal, regulations and rule dropped back from the development of educational cause and times, at the same time, the reason is that the legal consciousness of school manager is indifferent, as well as the " special power relation " originated from Germany influence on the problems mentioned before. From three aspects, the third part of this paper suggests that academy student punishment power rule by law from legislative angle. First aspect puts forward " legal reservation principle " which should be follow with by academy student punishment power; the second one is that the unit legislate way will standardize academy student punishment program. Also, the complete punishment program step have putted forward; The end of the third part suggests how the punished students get right relief including appeal, administrative reexamination, and administrative proceedings.The academy mentioned in this paper is public regular institutions of higher learning.