The Disposition Towards China Domestic Colleges Students

In the recently years, revolution of domestic higher education system is in the increasing tendency, at the same time, authority of self-running-school is also in the developing trends, however, here obviously occurs following problems in the management level, one of the difficulties is that the disposition issue towards the colleges students, We can definite disposition towards college students that when to shoot for aim of higher education and management, following by national legislation and school rules, one way to punish those who disobey specification obligation or dis-achieve the rules so as to make them burden negative consequence with the increase of legal dispute between students and colleges, after research a lot of mass media including database, website and bibliography, it shows that during the last decades in20th century, China domestic court accepted dozens of cases about the legal dispute between colleges and students, in the contrary, several fails doubt the ability of Courts when dealing with these problems, during the process to executive the disposition, maybe will violate of rights and interests of the students, On one hand, it improve consciousnesses of students’rights awareness,they will defend their rights by actions, on the other hand, it also can tell there definitely occur many unsolved problems during the disposition locating process. This article take the reference on the research on disposition, standing on the jurisdiction site of view, integrated basic technology of education, jurisprudence, administrative law and administrative litigation law, by using principles of literature, method of history comparison to research on the disposition towards college students. First of all, to make better clarification of the legal status of colleges, because it has double legal relationship as civil and administrative with the students, this can provide a legal basement when solve the dispute, secondly, it analyse the problems located during the process when executive the disposition and at the same time also list the reasons from systems, procedures and concepts, successfully to pave the way for problems solving, finally, from the perspective of legislation and implementation, give some recommendations to improve the dispositions. Firstly, it proposed the implementation of the disposition must be based human centered principle and with education sanctions,secondly, colleges should follow the three principles as "statutory sanctions""the principle of proportionality""legal reservation",and at the same time with the suggestion of be with a complete disposal for the procedural steps,finally this article mention where the colleges students can get right relief when disposition come, including appeal for the rights, administrative reconsideration.