Conflict And Solution Of Campus Order Management Right And Student 's Right In Colleges And Universities

In exercising management rights,the violation of students’ rights byuniversities often occurs, and the student’s awareness of their rights has gradually been improved, a large part of disputes emerge in this process. In this paper, administrative, educational laws, regulations and relevant case studies as well as the legal relationship between universities and students on campus are discussed. In order to facilitate the management of students on campus, a lot of unreasonable regulations have been performed by universities. For example: in the day of “double eleven”, students on campus are not allowed to show love to others; students are not allowed to stay outside in the night; students are not allowed to use high-power electrical appliances, etc., which have violated the rights of students. Based onthe respect and protectionof the legitimate rights of students, universities should change the traditional management-oriented concepts, and seek the balance between college management and students rights, to construct a complete and effective management system in universities.The first part is introduction, which introduces the topic, significance, research status, research methods of the paper.The second part is the theoretical analysis on campus order management rights and the rights of students. University administration includes order management rights, which in turn containsthe teaching order and the general order. The former contains classroomdiscipline,students in classroom, etc. The latter contains campus security, life and order, safety management, etc. The major conflictsbetween campus order management rights and the right of students result from the violation of the student’s personal rights and property rights, such as illegal confiscation of electrical appliances in student dormitory, publicizing the status of students’ families, posting the punishment of students on campus and so on. Students enjoy all the "constitutional" rights of citizens, such as reputation, privacy, personal liberty, property rights,etc. But the content of "Education Law", "Law on Higher Education," "ordinary college student regulations" is imperfect in content, and lacks specific implementation measures. In the meantime,the students’ rights relief system is imperfect too, and lacks emphasis on students’ rights.The third part describes the representation and reasons of the conflictsbetween campus order management rights and the right of students. In campus order management, the conflicts mainly result from the violation of the student’s personal rights and property rights. After analysis, it is found that the reasons are: the legal relationship between universities and students is not clear. It is not merely a civil legal and administrative relation, but also a public legal relation; there needs more emphasis on the students’ rights relief and the relief system is imperfect; the campus order management is imperfect.The fourth part introduces the reconstruction of the campus management rights. By improving students’ dominance, rather than long-term in a passive position, protect the rights of students; by improving the content of the Higher Education Act, etc., improve students’ rights and procedural safeguards from the entity; improve students’ rights remedy system; by the legitimacy of university rules and regulations as well as controllingthe authority of universities, protect the rights of students.As for university management behavior,thepaperexplores the campus management from the perspective of university management. College campus order management is of certain autonomous administrative authority, such as "University dormitory regulations" and school rules, which are made according to their own management needs. At present, the law can not solve the conflict between universities and students. It is not merely a civil legal and administrative relation, but also a public legal relation between universities and students. Therefore, it is suggested to reconstruct the legal relation between universities and students and to provide comprehensive legal relief for students, and then to safeguard the rights of students.