On The Legitimacy Of The Right To Punish Students In Colleges And Universities

Punishment power of university students is an important means of internal management of colleges and universities,in recent years,under the norms of the school,college of management behavior and pattern is more and more standard,but instead of disputes between universities and students is becoming more and more colleges and universities in accordance with the law within the scope of the misuse of autonomous management problems stand out increasingly,how to regulate in the justification of the punishment power of college students study is imminent.This paper is divided into three parts.The first part,from the perspective of the field of administrative law,analyzes the concept of legitimacy and the four theories of legitimacy in the field of traditional administrative law.On this basis,it explains the legitimacy in combination with the power of punishment of college students.Secondly,combining with the public power and autonomy of university students’ power of punishment,it shows that the legitimacy of university students’ power of punishment should be composed of following the principle of legality and the principle of proportion.The second part analyzes the application of the principle of legality in college students’ power of punishment.Firstly,the basis of punishing college students should be legal.It is precisely these grounds that are the basis of disciplinary punishment for college students.It is proposed that the internal norms under the attribute of autonomy should not violate the explicit provisions of national legislation.In the field of legal white space,the principle of legal priority should be followed,and the principle of legal reservation should also be observed.Secondly,the author thinksthat the content of university student punishment should be ascertained in fact.Finally,this paper analyzes the current situation and problems of university student punishment and puts forward some measures.Third part on the application of the principle of proportion in the punishment power of university students were analyzed,and puts forward the colleges and universities for students to disciplinary punishment should be kept between means and the purpose of education to proper sex,to achieve the purpose of education,the choice for students in a variety of measures can choose means of rights violations of the smallest,and conflict between the two,you need to disciplinary action will implement the school of public and may cause the student rights and interests of the violation of private interest measure,choose the best value,and the punishment power of college students present situation and problems of the proportion principle are discussed.