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The Research On Legan Regulation Of College Students Disciplinary

Posted on:2013-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q XuFull Text:PDF
GTID:2246330395954526Subject:Law
Abstract/Summary:PDF Full Text Request
In line with college rules and educational regulations and national laws, students will be disciplined for their failure to observe specific obligation or requirements of their schools. All the disciplinary punishments are said to help fulfill the purposes of higher education. Those rule-breakers will have to bear the adverse consequences, which becomes the most controversial issue and causes much social concern for higher education supervision. Therefore, the article tries to put forward corresponding countermeasures based on analysis of general theory of college discipline and existing problems of disciplinary laws and regulations.College students’ disciplinary behavior is a specific activity implemented by colleges within their range, premised on following public laws, essentially within authorization of national educational rights. The present laws have general legislative styles and substantive provision with more specifications, which show their lack of legal procedural norms and actual operation. In the process of exercising disciplinary rights, endogenous rules of college power lead to disciplinary misuse, abuse, or even frequent illegal punishment while the relevant legal regulatory mechanism is blank. On campus or in higher education system or outside people can’t make complaints or lawsuits because of lack of legal norms, appropriate regulation, relief agencies and institutional settings.In view of the defects of legal regulations, I believe that in the legislative form, high-order law directly and clearly stipulates colleges and universities are endowed with student disciplinary authority and follow the principle of "legal reservation" on a specific set of disciplinary matters. The agencies and departments of legislative power should build a distinct rule running and punishment system. The student disciplinary procedures, legislative bodies develop a judicial system. The performing of college disciplinary authority follows rules of administrative legality and principle of law proportionality. Obeying the principles of due process means disciplinary process is divided into before-, during-and after-procedures. Finally, to perfect on-campus and in-education complaint we should accelerate the definition of the judiciary censorship to students’ discipline and ensure that students who violate law and discipline should get fair treatment while balancing demands of all parties’ interests.
Keywords/Search Tags:College Student Discipline, Law-based Education, Legal Regulation
PDF Full Text Request
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