Infringements And Regulations In College Students Management

Universities in China have been considered as the sacred ivory tower in the minds of young students for its tranquil and peaceful-life, its leading role to society as well as its highly academic environment. However, in recent years dissatisfactions and even litigations of the students to their school in the following issues such as degree-granting, punishment to students, honor rights of student, property rights and other problems has aroused strong concern of the public. This paper which centers on infringements and regulations of university management seeks to resolve disputes between students and schools to build a harmonious campus.The body of this paper contains three chapters as follows.The first chapter focuses on the types of colleges'infringements and tries to study the infringement issues in the college management. The author believes that the positioning of the legal status of colleges and universities is the foundation of the study of infringements in colleges. Given the validity of "public corporation" status of colleges and universities, the author holds that in terms of legal form of colleges and its relations with students, colleges and universities share common characteristics with legal persons and other organizations engaged in social welfares. Therefore, colleges and universities fall into the category of civilian subjects. According to different criteria, the infringements of the civilian subjects can be divided into different categories. In this paper, the infringements in the college management can be classified into the infringement of the students' education rights, the infringement of personal rights of students, the infringement of property rights of students, and the infringement of the procedural rights such as appeals and hearings according to the natures of differently infringed rights.The second chapter analyses causes of infringements in the college management. There is a variety of complex reasons for infringements of colleges and universities. The author argues that the fundamental reason of infringements is the incompleteness and imperfectness of college management system, which includes imperfectness of laws and regulations, and the anomie of college management. The former includes the generality of laws and regulations as well as the defection of regulations on the management procedure. The latter is the violation of laws of the school management provisions and regulations and the flaws of procedures. In addition, the mishandling of university management practices is one of the causes of infringements in college management.The third chapter mainly focuses on the laws and regulations to restrain infringement in the college management. In this aspect, the priority is to establish a sound and reasonable legislative system. This paper explains that the establishment of reasonable system based on the transformation of management concept. Therefore, this paper firstly reflects the issues of China's university management concepts by comparing with that of American college management. "People-oriented" or student-oriented management philosophy should be taken by China's colleges, based on which the rational management system should be established. It is suggested that the concrete laws and regulations and procedure systems to protect the rights of students in the management system should be established and improved, and that the importance of judicial regulations on the infringement of the school management should be placed much emphasis. When comes to judicial regulations, attention should be paid to the relationship between the autonomy of universities and the judicial reviews. This paper holds that judicial review is on the form and procedures of university management system, but not on the academic issue which falls to the "blank authorization" of laws.The innovations of this paper are in the following three aspects. First, based on the analysis of the former scholars'viewpoints on university status, colleges and universities should be regarded as civilian subjects. From this point of view, college infringements and the civilian infringements bear common features. Second, this paper comprehensively and systematically analyze of the reasons of infringement in colleges and universities management, which highlights the truthfulness of colleges and universities infringements, and the urgency and possibilities to resolve these problem. Third, this paper points out that the regulation scope and the core of judicial review do not lies in the substantive examination, but the review of its forms and procedures.