The Exercising Of Public University's Administrative Power And The Protecting Of Students' Rights

With the increasing of enrollment in higher education, colleges has gradually transformed from a feudal patriarchal manager into a modern service administer, then with the impacts of the traditional mode, the slow transition of College management concept, coupled with the delaying of law in college administration, and the improvement of college students' rights awareness, all of which lead to the addition of disputes between colleges and the students. The phenomenon of violating college students'rights in which the educational right is dominant has become a hot social concern day by day.Comparative method, case method, value analysis method are used in this thesis, which demonstrate the right exercising of the public college and the protection of the students'right from five chapters. The first chapter is the part of introduction, which introduce the background and significance about the thesis. The second chapter, which analyses the legal status and the nature of the administrative rights of the public college, define administrative proceeding subjective qualification of the public college. The Third chapter, which analyses the types and causes of the disputes in the process of exercising college administrative power through citing the dispute cases between colleges and the students. The fourth chapter, which cites and analyses the remedy ways, and points out its flaws and deficiencies. The fifth chapter, which puts forward a plan to balance the college autonomy power and the students' rights through the regulation of college administrative power, however, perfects the student rights remedy system to reach the aim of protecting students'rights.In this thesis, the innovative points focus on two aspects:First, how to balance the college administrative power and the students'rights, then makes judicial review system as the fit to balance the two; Second, makes the system of petition first as the premise of judicial review, which ensures the quality of judicial review.