Application Of Hearing System In Disciplinary Disciplinary Punishment Of College Students

The law of our country gives the right of disciplinary action to colleges and universities.In view of the fact that disciplinary action can be regarded as a special administrative act,colleges and universities should also follow certain due process when carrying out disciplinary action.Unfortunately,in reality,many institutions of higher learning are unable to strictly implement procedures,including notification of sanctions,notification of the right to defend,application or voluntary hearing,etc.,and the idea of "emphasizing substance while neglecting procedure" is serious.With the awakening of college students' democratic ideas and rights consciousness,the improper acts of college students who violate the procedure and directly punish them have been sued in court one after another.Of course,some colleges and universities have better used the hearing procedure in student affairs management and put it into practice.This paper discusses the application of the hearing procedure in the process of disciplinary sanctions against students in Colleges and universities by consulting relevant literature and displaying cases.This paper covers six parts altogether:The first part is introduction.By introducing the case of Yanru Yu that Peking University illegally revoked her doctoral degree,this paper shows the background of the article's topic selection,and leads to the widespread problem of disciplinary sanctions against students according to the established procedures and the unreasonable setting of disciplinary procedures in Chinese universities at this stage,which paves the way for further research and Discussion on this issue.In addition,it also introduces the significance of the study,the background of foreign related systems,literature review,and research ideas and methods.The second part is about the legal nature and due process of disciplinary sanctions against University students.This paper analyses the legal attributes of the right to disciplinary action of University students,which belongs to the category of special administrative acts.In addition,it also discusses the proper procedure of disciplinary action of University students.It summarizes six necessary procedures,namely,the procedure of evidence collection and investigation,the procedure of punishment content and related rights informing,the procedure of hearing the students' statements and pleadings,the procedure of execution decision and procedures for agenda,service of punishment results and review.The third part is an overview of the hearing system of disciplinary sanctions for college students.This paper defines the hearing system in general legal procedures and the connotation of the hearing system of disciplinary sanctions in Colleges and universities,introduces the origin of the hearing system of disciplinary sanctions in Colleges and universities,analyses the two theoretical foundations of the hearing system that can be applied to disciplinary sanctions procedures in Colleges and universities in China,namely,the principle of natural justice and the principle of public participation,and expounds the application and basic process of hearing system violates discipline in Colleges and universities.The fourth part is about the current situation and problems of the application of disciplinary sanctions hearing system for college students in China.Starting from the actual situation,this paper analyses the application of the system of hearing of students' violation of discipline and mutual pollination in Colleges and universities in China,and reveals some problems existing in the system of hearing of students' violation of discipline in Colleges and universities at this stage,including: the imperfection of hearing procedures set up by colleges and Universities,the narrow scope of participants in the hearing,the lack of supervision institutions and mechanisms,the neglect of hearing procedure,and the separation between punishment and hearing.The fifth part is about the suggestions for improving the system of disciplinary hearing in Colleges and universities and the assumption of the application of informal hearing.The article sums up five suggestions on how to improve the hearing system of disciplinary action in Colleges and universities,including improving the hearing procedure,expanding the scope of hearing participants,setting up supervision institutions,establishing supervision mechanism,strengthening the sense of due process of educational administrators and clarifying the exclusive principle of hearing records.In addition,the paper puts forward the idea of using informal hearings,and expounds the meaning of informal hearings,the scope of application,the basic forms of informal hearings and the significance of establishing informal hearings.The sixth part is a summary.This part makes a brief summary and summary of the full text,and makes a brief analysis of the prospects of the application of the hearing system in the management of college students and puts forward good expectations.