College Students Manage The Rule Of Law And College Students The Right To Legal Protection

The legalization of management of students at university is an inevitable tendency of managerial modernization of higher education in compatible with legal social background. It requires us to handle well the work by improving legislative system, standardizing managerial conduct, tightening supervision over judicial work, etc. However, current managerial work involves vague awareness of law, unclear legal relationship, a weak restraining system and the problems alike which not only violate the spirit of law but have been affecting students to realize their right of receiving education and other legal rights and interests. Therefore, we have to confirm students' status as the owners of right and to establish a school administrative system that respects students' rights and interests.The legal status of a higher educational institution is not only a matter concerning its legal relationship with government, community, teachers and students etc, but also being regarded as a precondition to review the administrative authority and to analyze and handle the legal disputes in the field of higher education. The legal status of higher educational institutions can be defined from several different aspects. When a higher educational institution constitutes civil legal relationship with other civil subjects, it acts as the private legal person, enjoying autonomous civil rights, performing civil obligations and assuming civil responsibilities. When the institution autonomously organizes educational activities and manages teachers and students according to the Education Law and Higher Education Law, it should have another status ?special public legal person. The public legal personality of higher educational institutions means it has common legal status as all legal persons. And at the same time, it is a special legal person with independent personalities in its legal relationship with administration. Although the status has not yet been clearly provided in our legislation, considering the rules of law, the public nature of college administration and the principles that serve the common good, higher educational institution should own its status as the special public legal person. This confirmation accords with legal orientation of higher educational institutions in western countries and with the current tendency of legalizing status of public higher educational institutions. Actually the special legal connection developed between the school and students is a special amended authoritative relation in which the both sides are not equal in status. As the special public legal person, the school, in order to ensure the regular education and instruction can formulate internal rules within the law and keep students' certain rights in limit to some reasonable degree. Therefore, students have to obey the authority.This dissertation suggests some concrete measures for legalizing management of students from various aspects such as legislation, law enforcement, judicature and legal conception. The practice of administrative ruling over university in China can no longer meet the demand of higher education when it is going into the market in the economic globalization. The traditional personal-training conception in the management of students' affairs should give way to the lawful conception, which places rights as the developing and standing point of personal training. In other words, it means to establish the value orientation of standard of rights, to use the degree of the realization of students' rights as the value standard to evaluate our work. We should respect people, care people and develop people to the utmost extent while scientific management is being carried out. After more than twenty years' hard work, China has already built up certain foundation in her students' management law, but there are still some inadequacies, such as the conflicts between different levels of legal system, some loopholes in law making and empty points in legislation and the requirements of implementation are not strict enough. In the process of pract...