Study On The Principle Of Applying Due Process In University Management

The principle of due process originates from “natural justice” in Britain,is confirmed by the U.S.Constitution,and has developed into an important principle in administrative law through judicial precedent.The principle of due process is the minimum standard of justice that the administrative subject must conform to when making administrative decisions that affect the rights and obligations of the opposite party.Its core content is: to listen to the opinions of others before making any acts that cause adverse effects to others.Through the development of the core content,the main elements of due process principle include administrative hearing,withdrawal,procedure participation and information disclosure.The principle of due process has the value of fairness,justice and protection of human rights.Equal subjects can express their opinions and safeguard their rights according to the principle of autonomy of will.However,once the subject status of both parties is unequal,one party can deprive or restrict the other party’s right to express opinions based on its dominant position,then the “principle of autonomy of will” is useless.In order to ensure the realization of the important rights of the parties such as statement and defense,the principle of due process must be applied.By standardizing the procedure of exercising power,we can avoid the arbitrary exercise of power and realize the restriction of power,thus protecting the rights of citizens.Colleges and universities become administrative subjects through the authorization of laws and regulations,and exercise administrative power over teachers and students within the scope of the authorization of laws and regulations,which directly affects the rights and obligations of relatives.When a university as a legal person manages teachers and students,it enjoys autonomy in accordance with the relevant provisions of the Higher Education Law,and can independently conduct teaching,scientific research,and social services without interference from other administrative agencies or third parties.Universities have the right to evaluate teachers’ teaching performance and students’ performance according to the standards set by them.The results of the evaluation seriously affect the rights and interests of teachers and students.Colleges and universities have dual identities,they are not only administrative subjects exercising public power but also special legal persons with autonomy of colleges and universities,so they have more power(right)due to their dual identities.At the same time,because of the influence of the theory of “special power” in the management of colleges and universities,they often use strong power to manage teachers and students,such as the lack of procedures in the management of colleges and universities,the lack of internal and externalsupervision in the exercise of power of colleges and universities,the insufficient protection of the legitimate rights and interests of teachers and students,the imbalance between the rights and obligations of colleges and universities and teachers.Starting from the current law and text,and accompanying research on typical cases in university disputes,university management has caused problems such as unscientific decision-making in colleges and universities and violation of teachers and students’ rights due to imbalances in rights and obligations.The law cannot be amended in time,but the existing problems need to be resolved urgently.Only the role of university autonomy and self-control can be exerted to realize the application of the principle of due process in university management.From the perspective of colleges and universities as a type of administrative subject,it is understandable that the management of teachers and students must comply with the principles of due process.The management of colleges and universities involves public education,and the autonomy comes from the national right to education.College management should be regarded as an extension of public management.Therefore,any behavior undertaken by colleges and universities that involves major interests of teachers and students,although not an administrative behavior,should also meet the standards of procedural justice.Through the procedures to limit the power(right)of colleges and universities,to protect the legal rights of teachers and students,so as to achieve the basic functions of college talent training and scientific research,and truly achieve the ultimate goal of colleges and universities.Now colleges and universities have implemented the application of the principle of due process,but there are still some problems in the application process.In view of the existing problems,the author puts forward some Suggestions to achieve a better application of the principle of due process in university management: First,to improve the relevant procedural legislation and provide legal basis for the application of the principles of due process;Second,to define the scope and standard of due process principle in university management;Third,the principle of due process should be specifically applied in the management of colleges and universities,insisting on information disclosure,ensuring the participation rights of teachers and students,and conducting proper hearings.This paper is divided into four parts,briefly as follows:The first part,as an introduction,to introduce the background,significance,current research status at home and abroad and other relevant information.The second part elaborates the connotation,value,scope of application and applicable standards of the principle of due process.The third part discusses the unbalanced rights and obligations between universities and teachers and students from the dual subject status of universities and the list of rights and obligations between universities and teachers and students.To analyze the causes of the unbalanced rights and obligations between colleges and teachers and students and the adverse consequences arising from them,in order to solve the unbalanced rights and obligations in college management,the principle of due process must be applied.The fourth part focuses on the existing problems of applying the principles of due process in university management,and then puts forward some suggestions to solve these problems.