Studies On The University Students’ Right To Education And Its Benefits

The right to education is divided into right of receiving preschool education right, right of receiving compulsory education and the right of receiving higher education. Now the higher education has transformed from elite education to popular education in our country, but the right of receiving higher education is not for anyone who wants to go to the universities. And it’s only for the students who meet certain conditions and get the enrollment. When the students enter the university and starting to learn, they have adult age, mature psychology and the pursuit of freedom. On the other hand, the universities must perform some public management functions according to the education laws and regulations authorized in order to maintain the internal order and realize the goal of training high quality talents. The students face the serious punishment such as academic probation, expulsion from the university and dropping out of school because of serious violation of school disciplines. Because the punishment impact whether they can continue to enjoy the right to receive higher education, conflict has occurred between universities and students, even in litigation between students and universities.Based on the author’s practical work of teaching management in the university, this paper expounds the basic content and the necessity of practical guarantee of the right to education of university students, analyzes the relationship between the management of universities and the right to education of university students. From the media reports of cases between the universities and the students, it reveals the present situation of the infringement of the right to education of university students, makes it clear that the administrative legal relation between universities and students. This paper analyzes deficiencies in the relief of the right to education of university students, and puts forward four concrete improvement measures.This paper is mainly divided into the following five parts:The first part:It gives the overview of rights to education of university students, including five basic content such as the concept, nature, history, law right content and main features. It introduces that the right to education of university students is the basic constitutional rights, has the dual nature of liberty and the social rights, and includes the specific contents such as the rights of student, the security of teaching conditions, the fair appraisal power and the right relief. It introduces the compound characteristics that the right to education of university students has more selective freedom, and it is not obvious in the rights and obligations of the university students’ right to education.The second part:It mainly introduces the relationship between the management of universities and the right to education of university students. Firstly, in the popularization stage of the higher education, university students should take part of the education costs to enjoy higher education teaching. The students and universities have equal civil legal relationship in the life safeguard and accommodation. But universities are public welfare, so it has executive power to the student according to the legal, in order to maintain internal order, achieve the goal of the talents training and safeguard the legitimate rights and interests of other students.Universities and students form the unequal status of the administrative legal relationship. In accordance with the education law, the higher education law and the common colleges and universities student management rules, universities make the school management system as a guide to exercise daily management behavior. Because of the education legal documents and the school rules and regulations inadequate, the procedure justice and fair justice of the university disposition needs to be strengthened. The right to education of university students is influenced by the management of universities.The third part:It mainly makes it clear that several legal problems of the infringement of the right to education of university students. From the cases between the universities and the students, it can be seen that it is necessary to reform the management work of colleges and universities. On the other hand, it is lack of a clear unified standard judicial relief of the right to education of university students. According to the education law, the higher education law, universities perform the exercise of executive power of student status management, rewards and punishment as an administrative subject. The executive management of universities is different from universities academic autonomy. The universities academic autonomy respects academic innovation and has nothing to do with the case. While the students in universities are disciplined such as expulsion from the university or dropping out of school, the students’status which is the fundamental content of the right to education is facing the loss. Students form external administrative legal relation between the universities. At this time, the students not only can solve disputes through appeal, and also can sue to the court to solve the dispute.The fourth part:It mainly introduces the shortage in the relief of the right to education of university students. Firstly, the scientific of the teaching management system is affected by the weakness of the management awareness in accordance to the laws. Students’ democratic participation is not strong. There is imperfection of the program in the process of the students. So the rights to education of university students cannot be effectively protect. Secondly, the education laws and regulations is not perfect, legal procedural norms is less, the level of legal basis which universities management students in accordance with is low. Thirdly, the student appeal system is not perfect; it is not conducive to the protection of the right to education because of the working status and members of the appeal committee; the actual scope of students’right to appeal did not meet the statutory requirements. Lastly, the judicial relief way in the infringement of the right to education is not smooth; there is no clear unified regulation about the problem that whether or not universities have administrative subject status and how to do with the students’ sues when they refuse to accept punishment.The fifth part:The corresponding measures are put forward according to the deficiency existing in the relief of the right to education of university students. First of all, the spirit of the rule of law should be set up; the level of administering education according to laws should be improved; students’participatory democracy should be ensured; disciplinary procedures should be improved. Secondly, it should be done that strengthening the education legislation, perfecting the education legal system, strengthening the legislative procedure, improving the legal authorization level of limiting students’ right to education. Thirdly we will improve the mechanism of student complaints, establish the principle that complaint students can continue to learn, give the working committee for students some independent disciplinary authority, improve the working committee members and students proportion, set up the hearing system, the strict challenge system and the system of right to inform. Lastly, the judicial relief mechanism of the right to education of university students should be perfect, make it clear that universities have administrative lawsuit defendant qualification how to do with sues between students and universities.