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Legal Issues of student discipline

Author: ZhengZhong
Tutor: WangJianQin
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Student discipline Disciplinary authority of teachers School punishment Relationship between administrative law Legal reservation Due process Right to relief
CLC: D922.16
Type: Master's thesis
Year: 2009
Downloads: 249
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Abstract


This article is from a legal point of view the study of public elementary and secondary students' disciplinary problems. Litigation wave is closely related to student discipline gradually enter the Perspective of Legal Studies, sued his alma mater and the students over the past decade (mainly college students). Some shortcomings, mainstream jurisprudence on the primary and secondary areas of discipline did not show enough concern, see no quality of the research literature, in particular the lack of student discipline system, a comprehensive study of law text. Based on this, select the primary and secondary school students in the field of discipline as the object of legal research, analyzing and discussing the eyesight of the scope, dedicated to the main legal issues involved in all aspects of student discipline, as far as possible the existing law on the gaps and shortcomings of the legislative and judicial measures, with a view to the initial establishment of the overall framework of the legal system of student discipline. In this paper a total of four chapters. The first chapter analyzes the legal basis of the student disciplinary problems, including the legal nature of the relationship between schools and students, student disciplinary basis of positive law, the classification of the student disciplinary content. Legal relations in this chapter introduce the relevant doctrine, first of all based on the nature of the \the particularity of the relationship between administrative law. Existing law directly related to student discipline laws and regulations in the positive law basis for the issue of consolidation, and problems are analyzed. The chapter concludes with the classification of student discipline are introduced. Chapter II study of teachers' disciplinary behavior. First, the disciplinary authority for teachers on the study of comparative law. Then its right to source the problem, this chapter views within the existing legal system can be included in the context of school autonomy. Next, the paper analyzes the matter of principle of the teachers in the exercise of the disciplinary action, including respect for the focus on individual differences, the four principles of the prohibition of excessive and educational purposes. The chapter concludes with several common forms of teacher disciplinary behavior. Disposition of the third chapter of the research school. In terms of sanctions in accordance with this chapter a number of schools after the disposal of the rule text found there are more problems, the requirements of the regulation must legitimacy and rationality. In terms of punishment object, this chapter students should be punished behavior of the three elements, the behavior of the students can blame and irregularities, the student has the responsibility for capacity on the students' subjective fault. In the proceedings, advocates the concept of due process throughout the sanctions issues, including the organization legality by students to inform the right, note by the students presented their views and the right to a hearing and the school grounds and education counseling obligations. The fourth chapter of relief the problem of student discipline. Relief of the complaint on the basis of the analysis on the existing complaint rules, the recommendations of this article believe that a more rational system. Litigation relief, the first analysis of the role of Civil Procedure; the next case study based on the introduction of the need for the relief of administrative proceedings; subsequently recommended that the first sanction of expulsion into the administrative proceedings, and the proposed sanction of expulsion under the present conditions into litigation with a feasibility point of view, the last article discussed the intensity of judicial review of school disciplinary actions.

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