Disciplinary Punishment Regulations Of College Students Under The Legal Perspective

The college rights of the appropriate self-management rights, student management, developing rules and regulations and the right to prize and punish students are authorized by "Ordinary college student management regulations," "The People's Republic of China Education Law," "The People's Republic of China Higher Education Act" and related higher education laws and regulations.As a result, a series of issues arising:First, the legal status of colleges and universities, or if the colleges and universities have the administrative body's qualifications when they punish the students; Second, weather the contents of "disciplinary sanction regulations", which the colleges and universities based on, are legal; Third, the process legitimacy issues of the colleges and universities exercise the "discipline and punishment regulation"; The forth is the negative impact on students when applying the "discipline and punishment regulations";This article bases on related documents, according to the ideas of discovering problems, analyzing problems and solving these problems, analyzing their causes seriously. The final conclusion is:the colleges have the administrative body's qualification when they applying the right of punishing the students, if the colleges insult legitimate rights and interests of students, the college is the appropriate grid defendant. The colleges and universities expands the judging power without the authorized rights in the formulation of "discipline and punishment regulations," and violating the law priority principle.The right to education is a constitutional right of students, basing on "discipline and punishment regulations," the colleges and universities can expel the students from school, depriving the education right of the students. Do colleges and universities have such powers really? Or, if the colleges and universities exercise this power wrongly, what is the reason? Institutions of higher learning in developed countries and regions, education and management of advanced concepts, a sound management system and mature management experience provide us with a good reference:institutions of higher learning in developed countries and regions, followed the principle of legal reservation. Based on this principle, the colleges and universities have their explicit management permission.Selecting stones from other hills, the paper proposed the concept of the establishment of a sound college management regulations in China:first, based on the principle of legal reservation, according to the important standards, clarifying the competence of the college from the legal system, and changing the current chaotic situation of college students management. Second, adhere to principles of due process. Openness, fairness, impartiality and effectiveness are the procedural norms set by rule of law. Self-rule within the colleges and universities are no exception, we must implement and embody the rule of law. The disciplinary punishment regulation has an adverse effect on the rights and obligations, and it is the basis on which the colleges base to make the negative evaluations to the students. We should respect the students' rights to information, the complainant rights, privacy rights and the procedure rights when we apply the disciplinary punishment regulation to the students. Third, on the base of clarifying the management authority of the colleges, we must strengthen the judicial review when we face the application of the College Student Management. One of the reasons why the legitimate rights and interests of students are violated frequently is the absence of judicial review. Fourth, the establishment of legal supervision. At present, China's higher education in the legal system does not yet require the colleges and universities should establish appropriate legal oversight mechanisms of school discipline and rules. Improving and running the legal supervision mechanism, the rules and regulations implementing or not, how it works, makers and implementers are aware of that, so that the "normative vacuum" or "regulatory failure" are avoided.As student management workers, we desperately want to have a full program of the "discipline and punishment regulations," when a student violates the discipline, the program starts automatically. In this way, not only reduces operating costs and reduce the burden on our work; not only protect the interests of the students, but also avoid the emotional pain when we punish the students; not only reflects the advances of modern colleges and universities, but also the students feel that the values of fairness and justice.