The Research On Student Management System Establishment Based On Legal Disputes Between Universities And Students

During the recent decades, legal disputes between universities andstudents have been more and more frequent. This shows the improvementof college students’ legal consciousness. Meanwhile, it also reflects thedisordered condition of student management system in universities, aswell as the lack of awareness of law in college student management.From this perspective, this article mainly explores how to strengthen theconstruction of the student management system in universities based onthe legal disputes between universities and students.This article is divided into five parts. The first part is theintroduction. The second part is the summary of the relationship betweenthe legal status of universities and students. It discusses the legal status ofuniversities set by China’s current laws and shows the relationshipbetween universities and students. The third part analyzes the currentsituation of the legal disputes between universities and students. First of all, it analyzes the main types of disputes between universities andstudents:(1) legal disputes caused by student injury;(2) legal disputesinvolving property loss;(3) legal disputes in terms of school registermanagement;(4) legal disputes in terms of student punishment events.Secondly, it delves into the institutional causes of disputes betweenuniversities and students:(1) the provisions of the student managementsystem violate laws and regulations;(2) punishments in the studentmanagement system are in excessive discrepancy and do not meet thecorresponding penalty principle;(3) the student management system isnot mature with some areas bearing no principles to follow. The third partanalyzes the cases of legal disputes between universities and students. Wechose for analysis30executive papers related to the legal disputesbetween universities and students from the Bei Da Fa Bao database oflegal cases, and then did analysis using SPSS21.0. The analysis was donewith respect to the outlines, results of the cases, the process of the lawsuit,type of the cases and the conditions the lawyers follow in order to make afinal decision. We conclude that the institutional causes of the disputesare as follows,(1)the scholastic assessment of universities become theprinciple of the decision;(2) the lack of procedure in the studentmanagement;(3) the immaturity of the student management and thediscrepancy involved. In the fourth part, we put forward the assumptionof the construction of the student management institution and the basic ideas of student management construction, that is, universities shouldestablish proper legal procedures and principles of the proportionaccording to the rights and responsibilities of universities and students.We also put forward the content construction of the student managementsystem in terms of the student right protection:(1)to establish a maturemechanism of student participation;(2) to establish the student appealmechanism;(3)to strengthen the construction of organization ofmaintaining legal rights. The final part is the conclusion.