The Research For The Existing Problems In The Procedure Of Disciplinary Action Against Students And Improvement Measures

With the new implementation of the Management Provisions for University and College Students , higher schools according to the policy begin to revise, improve their ordinance of disciplinary action against students. They abolish the previous punishment regulation without clear legal basis or certain behavioral features, set up the remedy system of college students' rights. Then, after this improvement how is the operational effectiveness of the system? Let' s take the higher schools in Ningbo as an example. Since the establishment of the system of appeal for students, the appeal case has never stopped occuring and cases won by students take up a large proportion. As we feel fortunate about the successful protection of students' rights, we can' t help asking: since the disciplinary system is improved, why there are still so many cases involving the violation of students' s rights; why students must go through the procedure of appeal so as to safeguard their rights; whether it is possible for students' rights to be respected before disciplinary action are conducted; is it the problem in the procedure of implementation or the system itself? Evidently, all these raised questions bear great practical importance on managing school and raising the spirit of justice.The empirical basis for this paper comes from my thoughts in practice and work experience, as I have worked on handling students' offence for 4 years in Ningbo University. Besides, I also gain some related cases and information of preliminary studies, through participating in the annual revision and assessment of the students management system in school, and I look forward to conducting the thinking of systematic theory. This research mainly employs ways like surveys, interviews as well as typical case and it is supported by the quotations theory and policy. Through mutual authentication, the combination of quantitative and qualitative research, I hope to not only keep the the traditional methods of quantitative empirical style, but also to strenghten the research effect and the meaning of materials and scenes by using some lively description of typical cases.The first chapter in this paper illustrates the motivation of this study, the background of the title, the research methods and a literature review is conducted to understand current trends and topics.In the second chapter, interviews and investigation with a large sample are conducted on the status of disciplinary procedure of several higher schools in Ningbo, it is found that in addition to the conflicts between parts of the regulation system and the law, the imperfect disciplinary procedure is the very important reason for the frequent occurrence of the appeal case. The phenomenon of improper procedure and subjective judgement on decentralization in higher school and "procedure addition" to some extent is deep-rooted. It is concluded that there exists the following problems: lack of strictness, public hearings, and review mediation session in the disciplinary procedure; some people feel tired of the existence of the appealing and stating system; some management staff have misunderstanding on the system of appeal for students; lack of the after-disciplinary-action education system and human careness and encouragement for students.The third chanter analyzes the main reasons of the problems. Though interviews and investigation with a large sample as well as typical cases, it is found that the reason mainly lies in the influence of the traditional legal system of "regarding substantiality and depreciating procedure" ; the trendency of tooling about the purpose of disciplinary action; the influence of the " regulation thought" as well as some management staff s lack of legal thinking and familiarness on the handling procedure, etc.The last chapter proposes strategies to sovele the above problems.In order to effectively protect the legitimate rights of students, regulate the procedure of students' disciplinary action, reduce arbitrary acts of school punishment, uncertainty and unpredictability. Firstly this study puts forward to the concepts about setting up four systems such as mediating, hearings, continuing education as well as disciplinary lifting. Then according to how to correct the purpose for the disciplinary action, improve the quality of staff and solve the problems of procedural regulation, this study raises relevant measures on improving the system of appeal for students, pushing ahead the development of education procedure law as well as improving the student management staff s democratic legal ideology.