On The Right Of Student Management In Colleges And Universities And Students' Rights And Resolve The Conflict

In current society with rule by law, the development of education should be oriented to democracy and laws. Recently, administration in universities and colleges in our country develop rapidly and stably, and the protection of students'rights in universities and colleges have been consummated year by year. However, we should notice that some defects still exist at the same time, such as we need to pay more attention to the management of universities and colleges conflict with each other. As a result, rights of students'education, right of privacy, right of property and some other rights have been seriously damaged.Administration in universities and colleges should be ruled by law ,which symbolize that administration in universities and colleges adapt to the development of current society. The essay has some meanings as follows: To colleges, it can improve administrators'legal sense and also can cause colleges'administration legal; As for students, it can foster their sense of rights and push them to have a correct knowing of administration in universities and colleges.It is crucial to the reform in colleges and universities'administration systems and standardization of their powers that the legal relations between students and schools are identified and the legal statuses of students and schools are established. This paper's object is to analyze the complex legal relations between students and schools, define administrative juridical relation and civil legal relation, identify the legal statuses of students and schools in the frame of administrative juridical relation and provide approaches to standardize the powers.By the methods of document researching,comparison studying , case analyzing, we analyze the meaning about the universities'administration and the students'right , and with a great deal of cases set forth the status of the conflict between the universities' administration and the students'rights,and make the detailed explanation,and basing on it, provide the effective way to solve the conflicts .The innovation of this thesis lies in the definition of colleges'status. There is great argument in how to define its status: the law pitches it to enterprise judicial person, the court pitches it to"authorized organization by the law and the statute". Considering the deficiency of both parlances, the author thinks that we should borrow the overseas theory and pitch it to"official judicial person". How to solve the conflicts is the thesis's tough point.