Research On The Student Participation Right In University Governance

The "Regulations for the Management of Students in General Colleges and Universities" published in 2017 clearly stipulated that students at school have the right to "organize and participate in student organizations in schools,participate in school management in an appropriate manner,and enjoy the right to know,to participate in,to express and to supervise".Students’ participation in university governance has become a consensus increasingly,but according to the current practice,the right of students’ participation in university governance has not been effectively guaranteed.Influenced by the traditional idea of running a university,the modern university has not completely changed the idea of governance,has not fully realized the importance of students’ participation,and the university governance mechanism is not perfect,resulting in students’ participation in university governance has not been implemented.Based on this,this research intends to explore the right of student participation to lay the foundation for implementing and improving student participation in university governance and protecting students’ legitimate rights and interests from being infringed.First of all,the concept,nature and scope of student participation right are defined.There are many views on the conceptual analysis of the right of student participation in academia,but so far no precise and uniform concept has been drawn,which is not conducive to the exercise of a right.This section confirms that the right of student participation is the right of students to participate in university governance in accordance with certain procedures and procedures in order to promote the scientific and democratic right of university governance.Then,by analyzing the legal relationship between the university and the students,the type of research on the nature of student participation right is carried out.The last is to define the scope of student participation right.By analyzing the type of student participation right,the student participation right is subdivided into substantive student participation right and procedural student participation right.Secondly,this study analyzes the legitimacy of students’ right to participate.From the legal basis,student participation right is not only the reflection of the right of citizen participation in education in the Constitution,but also clearly stipulated in the "Regulations for the Management of Students in General Colleges and Universities." Students’ rights have a solid basis.From a theoretical basis,student identity is not only one of the main bodies of the university,but also one of the university’s stakeholders.Student participation in university governance is a concrete symbol of its identity.From the basis of value,student participation is an important means to promote the scientific and democratization of university governance,and university governance is also a favorable platform to ensure student participation and exercise students’ various abilities.The third is the theoretical construction of the realization of student participation right.This section constructs three ways of participation,one is direct participation,the other is indirect participation,and the third is a combination of direct and indirect participation.Each participation method is refined into a different participation system to provide students with a systematic and rational participation mechanism.Finally,it is the relief of student participation rights.This article mainly studies the legal relief of student participation rights,including administrative relief and judicial relief of student participation rights.Administrative relief includes the establishment of a campus hearing system,improvement of the appeal system,and expansion of the scope of administrative reconsideration.Judicial relief includes the improvement of educational administrative litigation systems and the establishment of an educational arbitration system.