The Investigation Of Student Administration Ruled By Law In Colleges And Universities

In recent30years, with the promotion of law governing, the country governed bylaw requires universities to go out of the vacuum of law governing. With studentssuing tertiary institutes is at the trend of escalation, the judicial practice makes anactive and breakthrough response in the existing educational legislation, for themanagement of tertiary students to be legislative governmental is an inevitable choiceto make in order to adapt to the development of tertiary education. It encourages thespeeding pace of our country’s governed by law and also strengthens the individual’sconsciousness of laws, the consciousness of rights and the idea of the law governingthorough the field of higher education administration.The former research stresses much on the aspects of administrative managementstudies, pedagogy, and education management studies. However, this article attemptsfrom the legal science and the education management science perspectives, andstresses on the legislative study’s basic principle to elaborate and comprehend thelegislative governmental of tertiary students and conduct systematic analysis.Proposed the legislative governmental of tertiary students’ theory, under the premiseare to straighten out the tertiary institutes and student’s legal relationship,understanding the explicit legal status of the tertiary institutes.This article attempts to argue and make comparisons between the Chinese andoverseas theoretical study, on the various aspects carries on the comparison prooffrom the Chinese and overseas fundamental research and the judicial practice,proposed the tertiary institute and student’s legal relationship should be part of thecivil legal relationship and the special administration legal relationship, tertiaryinstitutes’ legal status should establish "official business legal person" perspective.This paper mainly illustrates from following four aspects. Clarify the connotation ofthe realization of student administration ruled by law in university. Through thecomparison and analysis of the present situation and studying trend in the home andabroad, this paper expounds the significance and necessity of the study of studentadministration ruled by law in colleges and universities. Analyze the actuality ofstudent administration ruled by “law” in university. Through the theoretical ponders this paper proposes the theoretical fundamentals and the valuable orientations of therealization of the student administration ruled by law in colleges and universities, thepremise and the foundation to instruct the realization of student administration ruledby law in colleges and universities. The fourth part does some research on realizationof student administration ruled by law in university. From the aspects of formulation,carrying out, supervision, observation and so on in the legal standard of studentadministration ruled by law in colleges and universities, this paper illustrates the wayand the strategies in construction of student administration ruled by law in collegesand universities from the operation level of managing legal regulation.The important meaning of student administration ruled by law is that itfundamentality guarantees and promotes university autonomy, and is a symbolizationof a university well serving the society, producing knowledge, cultivatinghigh-qualified citizen.