The Research On College Students Disciplinary Upon The Perspective Of Public Law

According to the national laws and university statutes, students will be disciplined for their failure to observe specific obligation or requirements of their schools, which in order to achieve the goal of education or management, and those disciplinary measures must be made in written form. It may be said that the college students disciplinary action which constantly lead to education administrative disputes is high degree of social concern education management behavior. Therefore, the article tries to put forward corresponding countermeasures based on analysis of general theory of college discipline that have obvious public law property and existing problems of right relief program.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.Aiming at the defects showed on both disciplinary actions and right relief program, in my opinion, under the current premise of that the higher education in the stagnation of legislation, giving full play to the role of university statutes, which have parent law status within internal university regulations, showing its characteristics of more flexible and easier operation. The Rule-of-law principle and democratic principle and proportion principle and principles of human rights protection and principles of due process must be observed in the student disciplinary among university statutes, in order to promote the education philosophy of people-centered. Colleges and universities develop the provisions and program design with scientific details under the guidance of university statutes to carry distinctive teaching management practice. Finally, by perfecting on-campus and in-education complaint and administrative reconsideration system and establishing students hearing system, ensure that students who break law and discipline can get fair treatment, making students’legitimate rights and interests get effective protection.