Study On The Conflicts Of Student Management Rules And Student Legal Rights In Chinese Public College

As we are in a change era, the structures and characters of the internal management of the higher education institutions are changing profoundly. The student management rules that were taken as granted in the past are now out-of-date in a degree. Meanwhile the more college students have realized their legal rights, the more conflicts appeared between the management rules and student legal demands. Thereby one of the research focuses of the law and education fields is to resolve or avoid such conflicts. However, as the related laws in China lag behind the demand, the students' demand for legal rights could not always get legal help. Consequently a standard to judge the conflict between the management rules and the student demand for legal right from the view of pedagogy is of great meanings and values in practice and theory.Here such problems will be discussed with the problem-oriented research method. First of all the position, character and validity of the student management rules in the higher education institutions are analyzed from the view of law. Furthermore, the rationality and validity of the student management rules are analyzed through the case of "Renting Prohibition Regulate", with the conclusion that some of the student management rules are legal but not rational, which excluded the students from directly asking for legal help. Then the student management rules in higher education institutions are surveyed from the view of pedagogy. The conclusion is that it is necessary and feasible to consult the necessity of educational aims when to construct and modify the student management rules. If so, students would be provided a channel to ask for their legal rights, and the courts could use this standards to judge such cases.