On The Legal Regulation Of Academic Punishment In Colleges And Universities

Academic discipline in colleges and universities is the core of university autonomy--academic freedom.How to make academic discipline in colleges and universities well and how to advance and retreat when academic freedom and student rights conflict.Based on this,the main question of this paper is: in the double game of academic freedom and student rights and interests,how can universities achieve the value balance between them? How to regulate disciplinary behavior and not overstep the boundary of students' legitimate rights and interests,so as to realize the harmonious coexistence between academic freedom and students' rights,university autonomy and school administration according to law?This paper is divided into four parts.The first part analyzes the concept of academic discipline in colleges and universities,and then classifies academic discipline in colleges and universities.Secondly,from the perspective of disciplinary causes,we can distinguish the punishment based on academic misconduct from the punishment based on academic misconduct,so as to explain the special features of academic punishment in colleges and universities.Again,from the perspective of the impact of punishment on students' rights,we can distinguish between punishment that restricts students' right to education and punishment that does not restrict students' right to education.The second part investigates the current situation and dilemma of academic discipline in colleges and universities.Firstly,the author puts forward the characteristics of regulating the basis category of academic discipline in colleges and universities with multiple levels of effectiveness.Next think campus specification has legal status under the perspective of normative documents and university autonomy under the perspective of autonomy specification attribute,the legal attribute is what makes the school reserves the right to refine the national legislative norms,and can be about the national legislation in the field of space in academic matters set independent academic discipline in colleges and universities,so as to solve the problem of the relationship between the national legislation and internal specifications.From the empirical perspective,there are still defects in the basis,procedure,discretion space and student right relief of academic punishment in universities.The third part starts from the legal attribute of academic punishment to provide theoretical basis for legal regulation.The legal attribute of academic punishment in colleges and universities has a multi-dimensional aspect,including the attribute of public power and the aspect of university autonomy.Based on this,the legal regulation of academic punishment in universities should follow special requirements: the public power attribute determines the necessity of legal regulation;University autonomy determines the limitation of legal interference,but it does not mean the exclusion of state supervision.In addition,the academic discipline in colleges and universities should not deviate from the purpose of academic freedom and should not overstep the boundary of students' rights.The fourth part focuses on the regulatory path of academic discipline in colleges and universities.Firstly,from the perspective of norms,this paper discusses the specific rules that should be followed under the principle of legal priority,such as the level of effectiveness,"not in conflict with" superior law,and the inherent limitation of academic autonomy,as well as the principle of legal reservation characterized by the rule of "combining importance with specialty".On this basis,the author puts forward the concrete way to improve the academic disciplinary norms in colleges and universities.Secondly,it focuses on the regulation of behavior.From the perspective of the process of academic punishment in colleges and universities,the negative academic evaluation is the reason that triggers the punishment,so it is necessary to ensure that the academic evaluation in colleges and universities returns to the rational track.At the same time,the discretion of disciplinary measures should follow the principle of proportionality.In terms of procedures,the academic discipline of colleges and universities should conform to due process,which is applicable to a looser due process standard than the disciplinary discipline,and pay attention to the special requirements of due process in the academic discipline of colleges and universities.Finally,it analyzes the right relief of the punished students.This paper suggests that the school appeal should be taken as the pre-procedure of the right relief mechanism,to promote the good connection between the educational administrative appeal and the school appeal,and that the administrative reconsideration and the administrative lawsuit should be taken as the alternative relief channels of the academic punishment of the university that restricts the right to education,and that the rights of students should be protected through multiple relief mechanisms.