The Constitutionality Examination Of Compulsory Treatment Of General High School Enrollment In China

In the "Regulations on the Management of Senior High School Student Status" formulated by the education authorities of 28 provinces in China,to varying degrees,"compulsory treatment of senior high school student status" is taken as a disciplinary measure against students in different forms,and the standards are different.The compulsory disposal of student status constitutes a restriction on students' right to education,which is protected by the provisions of Article 46 of the Constitution.From the point of punishment procedure,expulsion and cancellation of student status do not give students strict procedural protection,so it violates the principle of due process;From the standpoint of normative form,the establishment of expulsion and cancellation of student status is lack of clear legal basis,so it violates the principle of legal reservation;From the substantive level of the restriction of rights,although the expulsion and cancellation of student status have legitimate purposes,their means are also conducive to the realization of the purpose,but when other means can be used,unnecessarily excessive restrictions on students' right to receive education,and compulsory treatment of student status is out of proportion to the nature and extent of students' crime and other acts;Therefore,the expulsion of school status and cancellation of student status regulations are not constitutional.In order to maintain the authority of the Constitution and protect students' right to receive education.First of all,we should clear up the "compulsory treatment of student status" clause in the educational normative documents,then add the relevant clauses restricting students' right to education and the clauses of alternative education measures in the educational law,and refine the object,conditions,procedures,relief and responsibility of the provisions in the "Measures for the Management of School Status of Primary and Secondary School Students".Finally,set the national regulations on student management in senior high schools.