Conflict And Solution Of Disciplinary Right And College Students' Right To Education In Colleges And Universities

Improper disposal of litigation cases of university students in Colleges and universities appear constantly in recent years, illustrate the enhancement of legal consciousness of college students, and it also showed that the university disciplinary relationship between power and student’s right of education exist contradictions. Right of discipline in Colleges and universities is an important means in Colleges and universities and teachers manage students, college students the right to education is a basic right of students to enjoy, without due reasons and by the statutory procedures, shall not be deprived of. With the continuous development and improvement of the rule of law in our country, university management rule of law to become the inevitable direction of development, the protection of the right to education of college students has become the standard of modern education law legislation. But during the penalty, often in conflict with the right to education of college students, therefore, in-depth study of the dispute settlement mechanism, legal system of education field of judicial intervention principles and legislative content of university disciplinary problems, the right to legal regulation, University and college students in order to achieve the balance of interests, is very necessary. According to the "Education Law of the people’s Republic of China" twenty-eighth and "the people’s Republic of China Higher Education Law" provisions of article forty-first, the school enjoys the disciplinary right of students. The university disciplinary authority is to maintain the normal order, education activities to ensure essential tools for education and teaching in normal smoothly. The right to education refers to the subject of education fair and impartial, universal access to education of all types and forms of rights. The right to education of the citizen of our country is one of the basic rights given to the citizens of the constitution. " The constitution" the forty-sixth stipulation "Education Law" provisions of article forty-second shall enjoy five kinds of rights.This paper first discusses the university student rights and right of discipline connotation, legal nature, content of education, points out that the student right to education as a constitutional right to inviolability and the disciplinary right of existence as a means of university autonomy, the objective rationality, followed by analysis of the university disciplinary legal conflict of right and the student right to education and the reality of conflict. The main reason is: security conflict of the rights of college students legal lag legal procedures concerning the right to education of college students with the absence of the university disciplinary right, the formulation and implementation is not standardized, universities and university students legal relationship is not perfect, vague, right to education of college students legal relief way is obstructed etc.. Finally put forward the implementation of the two balance of interests, the solutions are right and right to discipline students conflict education. In this paper, from strengthening the rule of law concept, establish and perfect the education system of laws and regulations, strictly in accordance with the provisions of law five aspects carries on to the university student management, promote the University penalty power operation legal right to education of college students, perfect the legal relief system of the argument. Strengthening the rule of law concept which includes strengthening legal education, in the teaching of college education staff to strengthen legal education for college students, content; establish and gradually improve the educational legal system including the strengthening of legislation plan, the establishment of the legal system of higher education content; strictly in accordance with the law to manage include understanding the legal relationship between universities and university students, to promote the management standard the students in Colleges and universities, the implementation of campus public hearing system content of college students; promote the University penalty power operation legalization including the University penalty power carry out " rigid management", establish and perfect the combination of college students management rules and regulations, standardize and improve the college disciplinary procedures, to strengthen the college legal supervision content: relief mechanism of Perfecting College Students’ subject the right to education of law including establishing and improving the right to education of college students appeal system, establish a sound education arbitration institution, colleges and universities to establish and improve the guarantee students’ right to education administrative litigation mechanism of the content.