University Dispose Student Rights Under Administrative Law And Its Judicial Supervision

At present, the democratic and legal construction of China steadily, people's legal consciousness is in constant enhancement, with legal weapon to safeguard their legitimate rights and interests of the legal disputes are increasing. In the process of legal system construction, known as the"ivory tower"higher school also received impact and challenges. For the university of legal disputes occur, largely because of the university student registration management to take mandatory sanctions. Though higher education in our country, but not to the state administrative organs authorized by the state laws and regulations, exercise state administrative powers, shall enjoy the institution education administrative power bestowed by the state in its own name, can perform the administrative management education teaching responsibilities, and this leads to independently bear the legal responsibility. Because of"college punishment at present in our country has no unified students rights"is the legal concept of its nature, that still exist in universities, so the controversial education teaching management work practice, college punishment student exercise right there exists drawbacks, main performance in many universities in those students who violate disciplines of excessive punishment arbitrary. And in judicial supervision and practice, the university regulations of serious defect, procedures, the judicial relief way fause has more make the difficulty of college students' rights in the rule of law punishment of vacuum. Right to college punishment student take effective control and judicial supervision and can effectively guarantee the students' right of receiving education, person and property rights are not illegal violations such as China's higher education field, ensure advocate in"administering education according to law"and"lawful management" strategy implement. Perfect education administrative legislation, establish complete and unified education legal system, follow the"the principle of due process"and"proportion principle", established the college punishment on hearing system, improve education administrative relief system, will college students into judicial supervision disciplinary disputes regarding standard and scope of supervise universities, the university student rights, coordinate disciplinary powers and students' rights conflict has important significance.This article through to higher school the administrative subject qualification, the administrative punishment student right college students college punishment right attribute, the legal stipulation and its current operation drawbacks, college punishment situation of students' rights judicial surveillance analysis, proposed and value of college students in effective disciplinary right under the condition of judicial supervision and how to improve students' right remedy.This paper, starting from the definition of students college punishment right, the right of students college punishment on sound judicial surveillance and perfect our country college punishment with judicial surveillance system of student rights countermeasures and Suggestions to explore three parts.