Research On The Power Of Punishment Of University Students Under Administrative Law Angle Of View

As the carrying out of the plan--manage state affairs according to law, along with the advancement of ruling by law in recent, managing the school based on law is becoming one of the directives of the university management. In the meantime, universities are facing a profound transformation adapted to the advancement of ruling by law. The power of punishment is drawing the attention of society, no matter in theory or in practical. Recent years, the phenomena that cases causing by the power of punishment have a growing-up tendency, reflecting a more and more fierce conflicts between the power of punishment and the students'rights and interests, which indicates that there are still many problems remained in the process f executing the power of punishment. Under the obvious enhancement of the awareness of rights and the law, more and more university students know the correct way to protect their own rights and interests is through the legal means. Traditional management is no longer catching up with the new tendency of the school management. However, the present educational administration laws and regulations have no conformity to the supervisory work of university students, such as the conflicts among levels of educational administration laws, the blank of legislation, the weakness of operation on the laws and regulations, and etc. This objectively requests the university to have a corresponding transformation to university student's management both in idea and practice. The power of punishment must integrate the ruling by law track, and the university student supervisory work will move towards the ruling by law finally.The basic task of university is to cultivate students to become a socialism constructor who are full-scale developing in the aspects of morality, intelligence and physique, and etc. To complete this basic task, the university must rely on the supervisory work based on law, because it is the most historical and practical management pattern among the modern university management. The ruling by law is the safeguard of the execution of the power of punishment.Under the administrative law angle of view, this article illustrates the status of administration laws, the relationship between the university students and the laws, and the right infringement of the university students while the impropriate execution of the power of punishment. Through the perfect the laws and the executive program, consummating relief ways, and many other ways, it is clear to definite how to supervise students, on the purpose of preventing and reducing the conflicts between university and students. In addition, the article also proposes some advices on the management of university students related to educational administration laws and regulations as well as university's student administrative provisions with the university students, to impel the development of managing students in university by laws and to protect the students' legitimate rights and interests.