Research On Legal Risk And Precaution Of School Expulsion In Colleges

School expulsion is a kind of means that colleges execute self-management to conduct disciplinary sanction on students who violate the law and discipline. In recent years, legal lawsuits caused by school expulsion are growing, giving priority to legal cases that colleges lose a lawsuit. College punishment originally is a kind of punishment and education on students, but if it exceeds the boundary stipulated by laws and regulations, it not only plays the original role,but also will not be beneficial to students’ learning and life. Schools should also assume corresponding legal responsibilities.The development market economy makes colleges encounter with complexity increasingly. Weak inner supervision mechanism in colleges, lack of mutual balance mechanism, legal risk management loophole, and lack of perfect risk legal and precaution will cause hidden dangers to sound development of colleges. The study on legal risk and precaution is abundant in financial market and enterprise operation, etc., fields. The studies on legal risk and precaution of colleges in education field are relatively few. From the perspective of school expulsion and combining with related knowledge of administrative law, education and management, the paper applies literature method, case method, and comparative method to summarize categories of possible legal risks for colleges to execute school punishment on the basis of analyzing legal property of school expulsion in colleges and by combining with specific cases, analyzes its reasons, and proposes legal risk and precaution measures.To be specific, the chapter is composed from the following aspects: Party one, beginning with concepts and characteristics of legal risk for school expulsion in colleges, the paper defines legal status of public legal person in colleges. If colleges execute the right of school expulsion, they will constitute administrative legal relations with students. The dispute property belongs to the range of administrative lawsuit. Party two, combining with cases, the paper analyzes categories of legal risks for school expulsion in colleges. Legal risks in punishment basis are mainly existed in uncertainty, of legal texts, legal blank, and rule systems of college management. Legal risks in punishment procedures are mainly existed in evidence-gathering procedure, informing procedure, procedure of justification and complaint procedure. Part three analyzes reasons for constituting legal risks of school expulsion in colleges, mainly including current legal defect, short of specifications in rules and regulations of colleges, and lack of legal risk and precaution system in colleges. Part four proposes the specific measures for legal risk and precaution of school expulsion, involving in sounding legislative work of higher education, reinforcing legal examination of rules and regulations in colleges, introducing general counsel system in colleges and establishing legal risk and precaution system from two aspects of contents and forms.The research provides reference for colleges to execute school expulsion pursuant to laws legally and contributes colleges to reinforcing legal risk management, establishing legal risk and precaution system, further perfecting the study on legal risk and precaution management in colleges, implementing legal management of colleges, and deepening reform deeply.