Public Colleges And Universities Student's Procedural Rights

In recent years, with the ceaseless strengthening of Chinese legal system and students' consciousness of vindicating rights, a lot of phenomena that universities were accused by students appeared in china ceaselessly as these universities broke laws and infracted student's fights. It can be seen that students begin to choose way of lawsuits for protecting their rights. In such a background, researching fights of university student is very meaningful.. Nowadays there are some definite fruits about research on substantive rights of university student, and research on procedural rights of university student is few. However, procedural rights are indispensable for safeguarding substantive rights, so this article aims at research on procedural rights of university student. This article is divided into four parts.The first part discusses theoretical foundation about procedural fights of university student and analyses practical meanings of affirming and protecting procedural rights of university student. The theoretical foundation about procedural rights of university student is procedural justice and restriction of fights on power. Affirming and protecting procedural fights of university student has great meanings. Firstly, it can protect human rights. Secondly, it can promote construction of legal system in higher education and impulse the course of rule of law in university. Lastly, it can promote research of administrative law, and make theoretical study and legal practice help each other.The second part defines the meaning about procedural fights of university student and discusses characters about procedural fights of university student Procedural rights of university student are a kind of administrative procedural rights. Its material meaning is fights of doing certain actions by certain ways and steps that university students possess when university administrates students and university students disagree with decisions of university. The characters about procedural fights of university student are that these rights exist in administrative legal relations between university and its students, is a kind of fights of public law. The reality of right is university students and the reality of duty is university. From a point of function, procedural rights of university student serve the substantive rights of university student and also have the independent values.The third part classifies procedural rights of university student and analyses the content of procedural rights of university student in detail. In the content analysis of procedural rights of university student, this article discusses the right to know, the right to apply, the right to be properly informed, the right to reason-giving, the right to state and excuse, the right to equal treatment, the right to be heard, the right to ways of relief, the right to appeal and the right to resist procedurally etc.The last part of this article discusses safeguarding and relieving of procedural rights of university student. Firstly, this article thinks over the actuality of procedural rights of university student in China from two sides, one side is text analysis, another is demonstration review. Then this article discusses three situations in which university infracts procedural rights of university student. At last, this article discusses the approaches of safeguarding and relieving procedural rights of university student. Protecting their procedural right themselves by university students, safeguarding and relieving procedural rights of university student by exterior reality of procedural actions and self-discipline of university administration are three main approaches.