Research On American Top Universities Punishing Students Who Violate Discipline From The View Of Rule Of Law

How colleges and universities punish students violating discipline has been one of common and hot issues for scholars in the field of educational laws and policies.With the further implementation of the construction of ‘double first-class' universities and the measures of managing universities by law,it is urgent for colleges and universities to improve the student disciplinary system,and constantly strengthen law-based management.A sound disciplinary system for students violating discipline plays a key supporting role in standardizing the management of university students and promoting university law-based management.However,in practice of punishing students violating discipline,there are some phenomenons in our country's colleges and universities,such as the abuse of disciplinary power,the single disciplinary way and the improper disciplinary procedure,which significantly affect the normal education and teaching order of colleges and universities,and hinder the realization of talent training objectives.Many of American top universities have relatively sound systems for punishing students violating discipline.Although the higher education systems of different countries are different,there are still some similarities in punishing students who violate discipline.Therefore,American top universities' disciplinary system can provide some possible references for our country.This study mainly with the literature research method,case study method and comparative study method,selects one of American top universities--Massachusetts Institute of Technology(MIT)as the case.Based on the perspective of the rule of law,this study makes a detailed introduction and analysis for the situation of punishing students who violate discipline of this university from the aspects of theoretical basis and practical operation.The legal relationship between universities and students in America has experienced several phases of different theories,such as ‘the theory of alternative parent',‘the theory of privilege',‘the constitution theory' and ‘the contract theory '.At present,‘the constitution theory' and ‘the contract theory' have become the important basis for the American court to deal with the legal relationship betweenuniversities and students.According to these two theories,the American court conducts due process review on colleges and universities' behaviors of punishing students who violate discipline.And the three powers and functions(defense power and function,beneficial power and function and relief power and function)also provide support for this review.The American court can help the right subject--students to fight against the punishment right of the university.Meanwhile,the American court also can balance the rights between private subjects and students,provide judicial relief for students and protect their rights and interests from infringement.Safeguarding rights regardless of power and keeping rights in balance of rights become the important law-based path for American top universities to punish students violating discipline.Whether students' behavior conforms to the public interest,the interests of the university and the interests of the government is American top universities the main principles to define disciplinary violations.According to these principles,MIT defines the specific standards of student disciplinary violation from two aspects:academic disciplinary violation and non-academic disciplinary violation,and sets up a specialized functional department to deal with the situation of student disciplinary violation.With regard to academic disciplinary violation,non-academic disciplinary violation and other disciplinary situations,MIT has made detailed regulations on disciplinary violation's procedure from three aspects,such as accusation procedure,identification procedure and punishment procedure.What's more,this university has sound relief system on campus to deal with the situation of students' disobedience and has taken positive measures to prevent students' disciplinary violation.Massachusetts Institute of Technology punishing students violating discipline's the main experience: coordinating lawsuits to achieve the balance of interests,the division of functions to clearly identify specific duties,thoughtful content to promote efficiency,making procedures detailed to improve maneuverability,information disclosure to promote disciplinary justice and educational punishment to emphasize education-centered.In view of the actual situation of our country,our country can draw some inspirations from Massachusetts Institute of Technology punishing students violating discipline's experience.These inspirations include clarifying the legal relationship between universities and students,setting up specialized departmentthat deals with student's disciplinary violation,establishing elaborate management system for student related works,formulating normative handling procedure of disciplinary violations,advocating handling information of disciplinary violations to be open and transparent,and adhering to cultivating-student centered principle in disciplinary activities.