Research On The Legal Matters Of The Disciplinary Authority Of Colleges And Universities

University management and disciplinary cases in recent years, the legalization of college management problem is pushed in the teeth of the storm.According to the "Education Law of the People’s Republic of China" in twenty-eighth and "the People’s Republic of China Higher Education Law" article forty-first, colleges and universities have students management and give reward and punishment to students authority, which means the authority of discipline. The right to education is a basic right of citizens of the constitution, is one of the basic human rights recognized.If the authority of discipline be used improperly,it will infringe the basic constitutional rights..In Chinese laws there are no provisions of university autonomy, only the "higher education law" stipulates the right of autonomous management of high school. The out of condition is given from the ministry of education school conditions of academic to high school,it is in violation of the principle of legal reservation. For depriving of the right to education can not be established by goverment, it is low legislation level. The non identity of disciplinary, in addition to students expelled outside, university can be provided.The expulsion of identity such as punishment, because of its possible infringement to students’basic constitutional rights-the right to education,the law should stipulate. We should improve the relevant procedures of disciplinary power of colleges and universities, to ensure the implementation of procedural justice. And give the student appeal power, clear appeal and review division, take the university disciplinary authority into the range of action. But the judicial review of the university disciplinary action should be limited.