Principle Of Theory Of Law Reserved In University Students' Freedom Of Association Rules And Regulations

College students’ freedom of association are protected by the Constitution, Meanwhile, colleges and universities need to regulate the students’freedom of association for the reasons of teaching and other public order. After introduce the significance of this study and the profile of freedom of association, the article use the example of Peking University,Tsinghua University and other colleges and universities to introduce the status of domestic college students’s freedom of association. And then, elaborate the current situation of our country college students’freedom of association from the formulate subject of norm, the establish conditions of accociation, the restrictions on the qualifications of sponsor and the responsible person to be appointed, member number of requirement, activity management and punishment measures. After that, the artical put forward the problems of the regulate of college students’ freedom of association from six aspects:the idea of regulation, the substance of regulation, the subject of the regulation, the procedure of regulation, the legitimacy and constitutionality questioned, and the channels of legal remedy. Followed by analysis of the problems, the article point out that the freedom of association is the constitutional right and it requirements to implement the principle of legal reservation, but the right of self-management of colleges and universities ask the students to carry out the freedom of association under the appropriate restrictions. College students’ freedom of association and the right of self-management of colleges and universities need to achieve the appropriate legal interest balance. The carry out of the legal reservation principle of the freedom of association in colleges and universities involving a problem of "degree". Finally the article learn from Germany’s significant theory (Wesentlichkeitstheorie) and put forward constructive proposals to solve the problems. The article points out that colleges and universities are legally entitled to a certain degree of self-management rights, incluing the right to make colleges and universities rules. But five aspects refer to the basic right of freedom of association of college students should impliment the legal reservation principle and the colleges and univesities have no self-management rights in these areas. The five significant matters are the minimum requirement of a quorum, the restrictions on the quaiifications of sponsor and the responsible person to be appointed, the approve of establishment and activities, the limit of total number of participating associations, and the severe punishments for violating the rules. So as to make college students’ freedom of association and the right of self-management of colleges and universities to achieve the appropriate legal interest balance.