A Study On Student Management By Law In Institutions Of Higher Learning

With the acceleration of the process of the rule of law and the continuous improvement of the civic awareness of law, the awareness of rights and the idea of rule of law have gradually gone into the field of higher education management. The institutions of higher learning enjoy legally the rights of independent running and management; while the students enjoy legally the rights of receiving education, property as well as personal rights. In recent years although relative experts and scholars have done some insightful research into the issue of student management by law in institutions of higher learning, there are still many existing problems in both aspects of theory and practice. For example, further and systematic study is expected in theory and further improvement is expected in practice. Furthermore, the issue of student management by law in institutions of higher learning belongs to the interdisciplinary field of educational administration and law, which causes certain puzzles in study and difficulties in practical operation, resulting in the rising tendency in the prosecution of the institutions of higher learning by their students and naturally drawing wide attention from the society. Besides, previous studies researched from the aspects of administration, education and educational administration. By employing the basic principles of law, this study attempts to have a comprehensive and systematic analysis of student management by law in institutions of higher learning from the aspects of law and educational administration.The methods and content of the study are as follows:Firstly, to have an objective and careful systematic analysis from both domestic and foreign theories and judicial practice to further define the legal roles of both the institutions of higher learning and their students to make clear the legal relationship between them, on the basis of which to propose that the relationship between the institutions of higher learning and their students is that of civic law and special administrative law and that the legal role of the institutions of higher learning should be "public corporate", emphasizing the restoration of the subject status of students. This is the premise and fundamental issue of student management by law in institutions of higher learning. Secondly, to research into both the rights of management on the part of institutions of higher learning and the rights of students from the aspects of the nature, source and main content of the rights to illustrate that as public corporate, the exercise of the right of independent running of institutions of higher learning cannot go beyond the legal boundary and that the proper rights of students should be well protected. This is the key to student management by law in institutions of higher learning. Thirdly, basing on the present situation of the rights of the students in institutions of higher learning, to analyze the existing problems from the aspects of administrative system, traditional concepts, administrative behavior and relief approaches etc. This is the key to the problems in student management by law in institutions of higher learning. And fourthly, on the basis of the previous discussion, sticking to the principle of the unity of the regulation of the rights of management on the part of institutions of higher learning and the protection of the rights of students and that of the unity of content and procedure, to propose the construction of the legal framework approach of student management by law in institutions of higher learning with the unity of management by law and education by morality through "management by law" in management concepts, management basis, management procedure and relief system etc. to carry out the work of student management in institutions of higher learning in conformity with legal provisions, to achieve the organic unity of the rights of management on the part of institutions of higher learning and the protection of the rights of students, to realize the management by law in institutions of higher learning, improve the efficiency of management and effect of running to better satisfy the need of the society for higher education.