Higher Legal System Of The Exercise Of Administrative Power

In recent years, accompanied by strong implementation policies in colleges the development of China' s higher education made our higher education completed the transformation from the "elite education" to "citizen education". The status of colleges in society has shown a trend of "swelling" and she will no longer be silent, or no one is interested thus she has become focus of government, community and public attention.As for the concerns raised, colleges and universities have frequently appeared in the media reports. At the same time, schools are also the accused as administrative proceedings, frequently because the exercise of State authority and the law. To explore its causes, it is not only the existing of procedures injustice in the exercise powers of colleges and universities. The management of colleges and universities as institutions of higher learning is the right (power) subject to their own affairs management capability and competence, and it involves in social external relations institutions of higher learning with the government, and involves in the various relationship in the colleges institutions of higher learning within and universities management system are in a central position. Therefore, no matter reconstruction of macro-management system of institutions of higher learning in the course of the proceedings or the concrete problems appearing in the course of managing or in lawsuit in micro-management study university manage powers play a basic theoretical research guidance.The university enjoys the indisputable management right to its student. These rights have brute force nature, according with character of executive power and it belongs to the administrative power. University as the administrative subject, its management power belongs to the public administration, its position can be defined as the legal person of the public affairs. Like other administrative subjects, modern colleges enjoys extensive setting up "law" (make rules), administration (manage students concretely and directly) with a great deal of fields such as "administration of justice" (award the dispute). Its operation of power follows administrative legitimacy principle, administrative rationality principle, administrative emergency principle, administration opening...