The Due Process Of The Management Of University Students To Study In Our Country

With the continuous development of the concept of the rule of law in our country, also gradually by the people agree with administering education according to law. According to "education law","higher education act, regulation on administration of students of common colleges and universities, colleges and universities in our country [although at present our country currently doesn’t differentiate between public schools and private schools of higher learning, but in view of the scope of the author of the study, institutions of higher learning referred to in this article refers to public high schools.] Enjoy to student’s autonomous management. According to the laws and regulations, China’s institutions of higher learning in nature belongs to the laws and regulations authorized administrative subject, autonomous management in colleges and universities in essence belongs to public power, prohibits arbitrary abuse of colleges and universities. But in recent years, with the accelerating process of popularization of Chinese higher education, college of management behavior and the contradiction between the legitimate rights and interests of students increasingly highlight, since2000, the court will accept the dozens of students filed a lawsuit against the case, some of these cases because the university did not follow due process and infringes upon the legitimate rights and interests of students. Management in colleges and universities under the background of the rule of law, in order to guarantee the legitimacy of university students’ management behavior, to achieve the expected management and realize the goal of education, shall be made in due process under administrative law to regulate the behavior of university students’ management. Procedural justice, is one of the important conditions to ensure substantive justice, the rule of law in our country gradually perfect today, with management behavior of the administrative law Angle of view to look at colleges and universities, due process to standardize management of colleges and universities, is an unavoidable problem. Referred to in this article the due process requirements of the management of university students in colleges and universities in the exercise of autonomy in program management process must conform to the requirements of the modern country under the rule of law concept of procedural justice. This article is divided into five chapters, the first chapter, first of all, through the typical case to introduce the necessity of due process was introduced into our country university students’ management behavior. The second chapter main types and the administration of college students in China program. The third chapter introduces the cause of the university students’ management behavior not follow due process. Problem in recent years, the education of administrative litigation and education laws and regulations not perfect in our country, analyzes the university students’ management behaviors for lack of due process. Fourth chapter to the improvement of the due process of the management behavior of university students, including system building and related concept, etc. The last chapter is the addition to the front chapters, through the complaint and the judicial relief to perfect the college students’ rights and interests protection system.In today’s the rule of law, administering according to law has become an important concept of the management of university students, through due process to rules and regulations of student management in colleges and universities, to a certain program can prevent arbitrary discretion in universities, In order to ensure the impartiality and fairness of the management behavior of university students, and achieve the desired purpose, the introduction of due process is necessary.