Research On The Due Process Of Dealing With Teachers’ Anomie In Public Universities

The behavior of dealing with teachers’ moral anomie in public colleges and universities is related to the scope of the right to run schools independently and the degree of judicial review,and is more directly related to the protection of teachers’ rights in public colleges and universities.At present,there is a serious problem of "emphasizing entity over procedure" in the management of colleges and universities in China,lacking the restriction of procedure on public power is not in line with the concept of "due process" advocated by the modern spirit of rule of law,but also damages the procedural rights of teachers to a great extent.The autonomy of colleges and universities makes it more discretionary to deal with the anomie of teachers’ morality in colleges and universities,and it is more arbitrary and invasive in actual operation,which easily leads to the damage of teachers’ legitimate rights.Since 2018,relevant departments have issued a series of normative documents on the treatment of teachers’ moral anomie,clarifying the due process requirements for the treatment of teachers’ moral anomie,which is conducive to standardizing the power operation of colleges and universities and protecting the realization of teachers’ rights.This study discusses the problem of dealing with teachers’ moral anomie in public colleges and universities from the perspectives of educational law and administrative law,and comprehensively uses the methods of literature research,text analysis and interview to explore the due process of dealing with teachers’ moral anomie in public colleges and universities on the basis of legal analysis of the application of due process.Based on the quantitative and qualitative analysis of the procedural elements in the texts of 62 "double-first-class" universities,and in-depth interviews in public universities,this paper measures the current situation and diagnoses the due process problems involved in the treatment of teachers’ moral anomie in public universities in China,finds out the procedural defects in the treatment of teachers’ moral anomie in public universities,which provides theoretical support and practical reference for the construction of the due process system of teachers’ moral anomie in public universities.It is found that the procedural defects in the current treatment of teachers’ moral anomie in public colleges and universities are mainly manifested in the large gap between the two-dimensional procedural elements,the lack of restriction and standardization of procedural power,the lack of recognition and protection of procedural rights,the weakening of moral restriction of procedures and the irregular formulation of procedural systems.The main reasons for the procedural flaws in the treatment of teachers’ moral anomie in public colleges and universities are that the high concentration of administrative power leads to the expansion of discretion in colleges and universities,the imperfect procedural norms lead to inefficient treatment,and the relatively weak procedural awareness leads to subjectivization.Based on empirical analysis and cause analysis,following the principle of due process,the due process system of notification system,evidence system,hearing system and relief system for the treatment of teachers’ moral anomie in public universities is constructed to realize the standardization of university power and the protection of teachers’ rights.