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The Research Of College Students’ Rights Proteciton In The Process Of Legal Administration

Posted on:2013-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:H P LiFull Text:PDF
GTID:2246330395961591Subject:Basic principles of Marxism
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The rule of law, is under the current strengthen the college management, in accordancewith the Constitution and laws especially the use of educational laws and regulations tomanage the affairs of the school. Governing schools according to law is the connotation ofhigher education institutions shall comply with the provisions of the law of right, beyond thestatutory school authority, its behavior is not legitimate, belong to invalid behavior; higherschools must lawfully exercise right, otherwise invalid behavior.In this paper, except the introduction, including a total of three parts.The first part of the paper for the rule of law and protection of students’ rights overview.Mainly discusses the law of the theoretical basis and the practical significance, as well as theprotection of students’ rights presents the background and its special. The implementation ofthe rule of law, is helpful for college students to do security; is helpful for us to activelyimplement the strategy of ruling by law, strengthening the construction of a harmoniouscampus; to advance the democratic process, and maintain the school teaching order, goodschools, teachers, students three communication, protecting the legitimate rights and interestsare not infringed students. Therefore, the university student rights and interests protectionproposed has its era background and particularity, ruling by law and protection of students’rights has its inherent fit.The second part of the thesis mainly discusses the law of university students in thecourse of protecting the rights and interests of the specific manifestations and causes ofineffective. According to the Law School of university students in the course of rights andinterests protection is ineffective, the main performance for system construction are not soundenough, the school management system and legal regulations are in conflict, the studentsprocessing program did not cause enough attention, punishment implementation existedpunishments requirements. In addition, the students also exist some problems. Investigate itsreason, basically be system are not sound enough, some management unsystematic, schoolmanagement system and legal regulations conflict. However, in the real practice, this kind of conflict situations still exist. Student handler did not cause enough attention, from studentmanagement practice, some schools to due process issues are not enough attention, resultingin a lawsuit often bear the adverse legal consequences. Punishment does not comply with thepenalty implementation had considerable requirements. In the punishment of theimplementation process, did not achieve qualitative accuracy, penalty, students accepted theappeal mechanism and legal responsibility of students’ appeal system is unknown, the lack ofa standardized parts of the program, after the appeal relief channels are closed, in thesettlement of administrative disputes between schools and students in the practice, studentsoften have difficulty using the administrative proceedings to protect oneself the rights andinterests of students, a closed end, the relief system.Research advance of law school is the third part of the process, strengthen the protectionof students’ rights and the implementation strategy. In the specific strategy to carry out,promote the protection of students’ rights, we should pay attention to strengthen the collegestudents’ idea change rights, rights awareness. The education of university students to developthe right rights concept, the correct understanding of the principle of legality, the principle ofreasonable, correct understanding of the optimal selection principle. College students shouldpay attention to in the course of improving college students’ self consciousness self safeguardrights and interests, improve the ability of safeguarding rights. In order to protect their ownrights and interests, college students should learn about our basic law, make the correctexercise of rights, in accordance with the law to fulfill obligations. It is necessary to payattention to adhere to law school management of students, to further clarify the obligations,promotes the student in the morality, intelligence, physical and other aspects ofcomprehensive development. Improve teachers’ political consciousness and professionalcompetence in education and teaching, let the teachers according to the regulations, accordingto the management of students, correct handling of rule of law and other educational means,correctly handle the relationship between rule by law and rule by virtue, lawfullyadministration, normative management, perfect the internal rules and regulations. Should payattention to strengthening the campus legal construction, in accordance with the law tosafeguard the legitimate rights and interests according to law school, and further improve the decision-making mechanism, strengthen democratic management and democratic supervision,actively carry out legal education activities, enhancing teachers’ and students’ legal quality.Attention should be paid to improve the students’ appeal system, to improve the students’appeal system, establish various Appeal Committee and a clear legal responsibility, perfectthe students’ appeal system program specification, broaden their appeal after the reliefchannel. Pay attention to building the education arbitration system, in specific in carrying out,grasp the principle of compulsory arbitration, mediation, arbitration principle, principle of anarbiter is not being charged principle, principle of procedural justice, educationaladministrative arbitration principle. Do the educational administrative arbitration committee’sestablishment, improve educational administrative arbitration procedure. Attention should bepaid to protection of the rights and interests of university students in volatile in their role,therefore, should establish the college democratic management system, make the correcttraining guiding university students’ democratic consciousness and ability to participate, inthe" student centered" on the basis of established democratic management rights andscientific management system, achieve scientific standard, the "four rights" developsimultaneously, positive exploring new ways of developing democratic management right. Atthe same time, we should actively promote the protection of College Students’ autonomy,rights and interests of students, that is to say in school macro guidance, in groups under theconstraints of college students, independent, conscious action, to promote personaldevelopment, improving school management, promote social progress.
Keywords/Search Tags:College students, Manage the school, Rights and interests protection
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