Research On The Legalization Of Autonomous Management Rules For College Students

Colleges and universities are academic gardens that complement the development of autonomy.In recent years,China's "Education Law" and "Higher Education Law" have also continued to expand the path for the exercise of the self-protection right of colleges and universities.Among them,the autonomous management rules of colleges and universities are the basic rules for universities to implement independent management of internal affairs.It can be said that university autonomy provides great vitality and creativity for its development,so that the development of the university keeps pace with the times and lasts forever.Through the study of education administration and management,combined with the hotspots of education management disputes in recent years.The state has accelerated the construction and emphasis on the education system and university management.The autonomy norms of colleges and universities have entered the field of judicial supervision.However,whether and how the judiciary intervenes,the scope of intervention and the review standards are still unclear in legislation and practice,resulting in the negative and differentiating of the review of school rules in the case trial by the people's court.China's academia has tried to provide various theoretical supports for the legality of the school's judicial application through theoretical concepts such as the nature,status,and relationship with students.However,the effect is not satisfactory.Faced with the absence of the school rules supervision system,the school rules are made "official",the due process is fictitious,and the students' rights and interests are not effectively guaranteed.The legalization of university autonomy management rules is urgently needed.This article summarizes the high-frequency "problem regulations" and reflects and reconstructs the case of litigation disputes between colleges and students in the past five years.Introduce the legal basis of college student management rules in judicial application and put forward the justified requirements for the application principles and review standards of school rules in the judicial review process.