Management Rights And The Rights Of Students Of The University's Student Conflict And Relief

With widely absorbing achievements both abroad and domestically as well as deeply analyzing our constitution and educational acts connected, this paper, analyses the legal characters of the college, the jural relation between a college and its students, and discusses students' rights and the administrative power of the college, the conflict between them and the student rights' remedy system, etc. Specifically says, the paper starts with the analysis of legal characters of the college abroad and those of domestically as well as the legal relationship between the college and the students, and makes a very aborative comparison of the conflict between the right and the power both in conception and in system, and comes to a conclusion that we should put the students' rights first, and fully respect and protect their legal rights, we should change the traditional attitude which puts the power first, in order to keep pace with the current trend of the development of the administrative law. Then, based on the conception of protecting students' rights, it makes a concrete analysis on some specific systems and regulations which are carried out by many colleges now, and puts forward some suggestions, including of the validity and rationality of the rules, the power which the college punishes their students and grants students the degree certificates, and the function division between the dissertation reply committee and the dissertation appraisal committee. Finally, it discloses the defects existed in the college regulations and the rights remedy system, and puts forward some suggestions on the system in order to construct a relatively complete remedy system of the college students' rights.The paper includes three parts, the main contents as following, Part I: Analysis of college students' rights & the administrative power of colleges. This part discusses legal characters of the college, the legal relationship between the college and its students, the concrete rights of the students and the specific power of the college's administration. Firstly, it discusses the college's legal characters. Through comparison of college's characters in the western and in China, it finds out the characters of our colleges. Secondly, the paper discusses the legal relationship between the college and the students, and comes to the conclusion that the relationship between the college and students should mainly be...