On Legal Regulation Of Student Management In Colleges And Universities

The entrustment of the university to the administrative authority of college students and establishment of the appropriate mechanisms reflect the degree of a nation's civilization and progress. As the higher education legal system is still in its initially exploratory phase, <> (Hereinafter referred to as "Higher Education Act") and other laws still lack clear and specific provisions about the intension,subjects,procedures and other important issues concerning the administrative authority of college students. This not only results in the situation that the administrative authorities of colleges have been misunderstandood and used arbitrarily,but also does harm to restrain the phenomenon of the inobservance and violations of the legitimate rights of college students existed in the management of college students.In recent years, there appeared great numbers of colleges and universities being sued. On one hand, this reflects the progress of our legal system and the students'enhancemant of awareness of civil rights. They dare to safeguard their own legitimate rights through the legal channels .On the other hand, it reflects that the management of students is becoming stronger and the system of colleges'rights protection is rather weak.The reason lies in the fact that the course of justice doesn't incarnate in the exercise of colleges and universities management .More in depth, it reflects the issues of legitimation and rationality in the management of college students.The administrative authorities of college students are gradually being challenged in the conflict and collisions between powers and rights.To make the administrative authority of college students by legal regulation is an inexorable demand of administration by law.the requirements of social development, and the inevitable requirement to promote the development of higher education as well.Therefore, in the process of building a society by law, it is of great significance to study the administrative authority of college students'legal regulation, which can make the administrative authorities of college students apply properly, and safeguard the college students'legitimate rights, and promote the implementation of university management by law.Adopting the relevant research achievements at home and abroad , based on the Constitution, education laws , regulations, rules as well as relevant cases studies .This paper is divided into four parts ,Chapter I is the introduction of the main research contents and research methods .Chapter II is an overview of the legal nature of universities,the relationship between university and college students,the meaning of legal regulation and finally describes the theoretical basis of the management of college students legal regulate .Chapter III analyzes the legislative status of the management of college students legal regulation ,its defects and the causes of these defects . Chapter IV is the focus of this thesis, which firstly proposes the basic principles of the management of college students and then on this basis advocates concrete means from the substantive and procedural aspects in hoping that it can fully realize the management of college students by legal regulation.