College Student Affairs Office Decentralization

According to the "Education Law of the People’s Republic of China" and " Higher Education Law of the People’s Republic of China", colleges and universities are authorized to impose disciplinary action on students. However, there are no strict rules regarding the following aspects:how to define the disposition right of colleges and universities, how much room colleges and universities have for discretion, what principles and procedures should be followed during the course of disposition and whether students punished are allowed to seek relief through litigation. Consequently, a growing number of colleges and universities punishment disputes emerged in recent years. Students’rights are hardly effectively protected.As China’s legal system becomes mature, it turns out to be a key issue in theory and in practice to examine the disposition of college students in law, to standardize colleges and universities’disposition behavior and to improve student’s way for relief.In light of relevant research of disposition in jurisprudence, this thesis conducts a study and discussion on college students’disposition, taking advantage of knowledge and basic principles of jurisprudence, sociology and education. The term colleges and universities in this thesis refers to public colleges and universities.This thesis is divided into four chapters, the content of each of which is as follows:Chapter one overviews disposition rights of college students. It briefly accesses the legal status of colleges and universities and recognizes colleges and universities as administrative subject. Then it summarizes the content of disposition. Based on the analysis of the source of its power, the disposition right is believed to be a special disposition of the executive power. Finally it discusses the limits of disposition right.Chapter two elaborates on main issues existing during the course of exercising disposition rights, including the legislation, discretion and procedures of disposition rights, and students’rights for relief, etc.Chapter three, from system and concept, endeavors to analyze the causes of inappropriate behavior in disposition.Chapter four puts forward two proposals to perfect college and university students’disposition. That is, to specify the principles from the macro aspects and to improve relevant regulations from the micro aspects.