Study On The Conflict Between The Right Of Discipline And The Right Of Education In The Higher School

Along with the strategy of law dissemination, the legal consciousness of students is enhanced, and the higher school students status due to dispose of and disciplinary action, and the case of the lawsuit has continued to rise form, and for students the problem of many standard is exposed by university autonomy indiscipline regulations formulated; The game of the right between higher school and students is focused by the all social circles, especially the education system and law system. Although<the common higher school students management regulation>has been changed twice, in the new social background, system construction is still needed to be further perfected, so as to better balance the conflict between them. This article is to study the performance and the reason of the conflict, in order to find more appropriate, more scientific ways to balance this conflict. The author discusses four parts to answer these questions, as following:The concept, nature, etc of the right of higher school and education are summarized in the first part. According to related laws, scholars are sure of the concept of the disciplinary and education in the higher school and the right of the education is identified for the constitution of citizens have a basic right, but the nature of the disciplinary right of the university and education are different action. By analyzing factions of the legal viewpoints, we think the nature of the disciplinary right of the University is the Nature of administrative power qualitative, more properly.The second part includes the analysis of the regulations in some domestic and foreign higher school. Firstly, the author lists punishment types, case, discipline, procedures and management authority in the regulations by charts, contrasts similarities and differences of contents in the above in different cities. Secondly, the author lists three aspects of relevant provisions in the above in foreign universities. Finally, the author contrasts university rules at home and abroad, and concludes that the content of the two different reasons is the history background and legal basis differ, but abroad in the school rules for the diversity of species sanctions situation, the details, normative, scientific program is worth learning and using for reference.The third part mainly analysis the disciplinary right of higher school education and student performance and the reason for conflict. First the author summarizes scholar of the disciplinary right of the university at three of the question, which is the right of receiving education students were deprived of the school and restrictions, free jurisdiction of criminal punishment too much, after college punishment for again the reasonable, and analyze these questioned the rationality and irrationality; Second elaborate conflict exist between them and the rule of the necessity of the defects of the system, including the entity, procedure and relief defects.The fourth part puts forward the higher school the disciplinary right of the balance and the right of receiving education students’ principle and method. Based on the foreign advanced experience, education management of domestic scholars relevant Suggestions, first of all sums up the three principles of balance:by corresponding and people-oriented principle, program as principle, judicial review principle; Secondly in principles put forward the way under the guidance of balance:including perfecting education legislation, perfect the students set up appealing system, judicial review system.In all, the conflict of the disciplinary right and the right of receiving education in higher school is actually the fight of the power and the right, and this game, in the legal system of the social background, requires universities to do "lawful management". Under the guidance of the law, by completing systems, the judicial surveillance, the university autonomy abuse can be prevented and the students’ legal rights can be protected better.