Connection Between Legal Sanctions And Disciplinary Actions For College Students

Legal sanction refers to the sanction initiated by the state for the purpose of negating or urging the doer to give up such behavior because the doer violates the national legal norms.Its content is to deprive certain value and interests or assign certain negative value or disinterest.Legal sanction is mainly divided into criminal sanction,administrative sanction and civil sanction.The disciplinary action of university students is the extension and embodiment of the management right and the punishment right of the educatees,and its nature is the administrative punishment in the special administrative legal relationship.If a college student violates the national law,he or she will not only be subject to the national legal sanctions,but also face the disciplinary action given by the university,which also creates the problem of connecting the legal sanctions with the disciplinary action of the college student.This is because the legal status of college students has dual characteristics in theory,so the illegal behavior of college students has double illegality.The disciplinary action of university students is irreplaceable because it is in the special administrative legal relationship.From the point of view of maintaining social order,the punishment purpose of legal sanction and university students’ disciplinary action is consistent.The connection between legal sanction and disciplinary action of college students is also conducive to the unification of legal order.Governing university by law is an important link in promoting the rule of law,which makes a reasonable connection between legal sanctions and disciplinary actions of university students.It is also in line with the trend of governing university by law.Through the selection of 144 "double first-class" university rules as samples,the empirical analysis of college students after criminal sanctions,administrative sanctions,civil sanctions and disciplinary sanctions,found that there are many problems in the current college students after criminal sanctions,administrative sanctions,civil sanctions and disciplinary sanctions.For example,when giving disciplinary action to students under criminal sanction,colleges and universities lack reasonable and unified guidance of superior regulations,and often they will be expelled immediately after committing a crime.They also fail to follow the procedure of "punishment first and discipline later",and lack of relief channels connecting with the correction of criminal wrongful cases.When colleges and universities give disciplinary punishment to students subject to administrative sanctions,there is a lack of reasonable guidance of upper regulations,there are lagging regulations on disciplinary punishment to students subject to education through labor,the regulation on the connection between administrative punishment and disciplinary punishment is also more general,the connection between administrative sanctions and disciplinary relief channels is not smooth.When colleges and universities give disciplinary actions to students subject to civil sanctions,there is a lack of coordination of upper regulations.There are unreasonable regulations on disciplinary actions to students subject to compulsory measures of civil justice.They pay too much attention to the punitive nature of civil sanctions,but ignore the compensatory characteristics of civil sanctions.These problems lead to excessive infringement of college students’ right to education,inadequate protection of legitimate rights and interests,and not conducive to the realization of college education goals.Therefore,colleges and universities should choose different paths of connection according to different legal sanctions.By perfecting the upper regulations and university regulations on the connection between legal sanctions and disciplinary actions,optimizing the specific procedures for the connection and unblocking the relief channels,colleges and universities can give full play to the right of independent management of colleges and universities and protect the legitimate rights and interests of students on the premise of not violating the law of Upper authority and not obstructing the exercise of state power.