Lack Of Higher Education Management Process Of High School Students The Right To Legal Research

The right to education is a college students'basic right which has social right and right to freedom nature in accordance with the constitution. College student' rights contain citizen's all rights and college student's unique right. There are three types of the right to education: natural, legal and practical right. In real life, There are sharp gaps between them. Naturally, the college's right of education belongs to social right,not national one, for it isn't a government department. However, the college exercises the right of education as guaranteed under the laws of the country, some of which belong to the government authority originally. College's the right of education contains two parts: authorized right and self-government right.The right to education is an important citizen's right entrusted by constitution, which manifested in the correlation education law laws and regulations. The college enjoys the power authority legally.there is possible conflicting between them. People enjoy the equal rights to education accorded to citizens by the Constitution, which clashed with college's right of education authority from the government manifested mainly in enrollment, evaluation, punishment, fee charge, etc. The main causes for these conflicts lie in the deficiency of relevant laws.The main legal deficiency in current higher education law as:in the substantive law, the legal relationship between college and students has not made the explicit stipulation, the college authority and power provisions are abstract and principle; the student rights one is simple and narrow enough. Many legal questions which appear during the higher education reform process have not prescribed; the college legal liability system is not insufficiently and so on. The legal procedures are serious insufficiency too, the feasibility of the legal procedural stipulate is deficiencies; legal aid ways are short.To guarantee college student' rights effectively,and to maintain college work carried on smoothly, we must strengthen legislation and amendment of higher education rules and regulations in accordance with Constitution and Education Law. Simultaneously, we must enhance college's authority and power standard and display judicature surveillance function in our state.