Research On The Management Of The Rule Of Law To Students In Colleges And Universities

With the proposing of"building a socialist society under the rule of law"and legal construction going step by step, people are more aware of their rights.Since the 1990s of last century, there have been a number of lawsuits between students and colleges or universities because of their internal management disputes.This has raised wide public concern.These litigations reveals that there are many problems in the management to students in colleges and universities,including that the management violates students'fundamental rights,college and university regulations conflict with the basic laws of country,the management to students in colleges and universities are arbitrary because of the rule of man,etc.Facing this suituation and considering the basic concept of the rule of law in present Chian,many subjects discuss the management of the rule of law to students in colleges and universities.They try to give theoretical guidances for college and university management to students. However, different disciplines have different perspectives and research methods.The Law's perspective is to seek external solutions for management disputes between colleges and students,that is,through improving the lagislation and judicial review to standardize the management of colleges and universities for students.This article which is based on the Management's perspective,extends the meaning of the rule of law and introduces the concept of the University Idea discusses how colleges and universities implement management of the rule of law to their students,that is,the author attempts to find a way to solve the internal management disputes in colleges and universities from the perspective of constucting a good management mechanism and promoting the effective operation of this mechanism.Concrete contents is as follows:The first part mainly analyzes the connotation of the rule of law and on this basis puts forward the connotation of the law-ruled management to students in colleges and universities.This part of the article lays a foundation for discussion.It hold that two most improtant meanings of the law-ruled management to students in colleges and universities are"good law"and"law-abiding".The"good law"refers to that the college and university regulation to which colleges and universities accord when they implement management must be good.The"law-abiding"means that the related people especially the managers must obey the"good law".The second part discusses the necessity of the management of the rule of law to students in colleges and universities. This part tries to explain that colleges and universities implement their management to students should be under the principle of the rule of law isn't optional,instead, it is necessary and obligatory.This is determined by the social environment in which colleges and universities are and the university idea.In a society under the rule of law, various management activities which are related to public interests must fit the basic spirit of the rule of law.Colleges and universities, as important parts of the society,its internal management must carry out the concept of the rule of law, it should never be a vacuum of the rule of law.At the same time, the University Idea tells us the university should aim to explore the profound knowledge and disseminate knowledge,cultivate talents and serve society.The former demans university's autonomy.But it must be clear that the purpose of autonomy is for academic freedom,not for the management of it to expand the power and violate students'basic rights arbitrarily.Thus the university autonomy does not conflict with the spirit of the rule of law.The latter asks university to serve the whole nation's interest and value goal.For this reason, in a society rule under the rule of law, it centainly must comply with the spirit of the rule of law and implement management of the rule of law.These two factors which determine the necessity of the the mangement of the rule of the law to student in universities also stucture the standard of"good law"in the college and university management to their students.That is, the college and university regulations must carry out the university idea, be in line with the concept of the rule of law,and respect for the fundamental rights of students.The third part analyses the existing problem in present management to students in colleges and universities and points out what is the reason.The problems include that college and university regulations are not good,the management procedures are lack of legitimacy or miss and the judicial relief does not function well.The reasons include that the national legislation related to the management of colleges and universities are unsound,the managers of colleges and universities does not have clear understanding about the university idea,and the managers'concept of the rule of law is apathetic.The last part of this article tries to find solutions for the problems in the management of the rule of law to student in colleges and universities.The author draws on research-related materials and puts forward several suggestions. The solutions include learing a legal status of colleges and universities and a legal relation between colleges and their students;constructing the good internal"legal system"—the college and university regulation;strenghtening the concept of the rule of law in the management of colleges and universities,and intensifying the managers cognition about the university idea.In addition, the author gives some corresponding operation methods for managers of colleges and universities.