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Colleges and universities students Punishment System

Author: YuRong
Tutor: WangWanHua
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Students' Punishment University administrative privileges Due Process Hearing Appeal
CLC: D922.16
Type: Master's thesis
Year: 2010
Downloads: 182
Quote: 3
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Abstract


Into the relationship between the school and the students, the school has a teaching managerial autonomy and education obligations imposed on students, and the students enjoy the right to education and the obligation to follow the school's day-to-day management of the system. School teaching management rights, including the right to dispose of the discipline of students, by contrast, makes the school a dominant position, the rights and obligations of both sides disparity makes some circumstances have occurred endanger, harm the legitimate rights and interests of the students. The same time, due to the lack of laws and regulations and the rules and principles of omissions, the college procedural flaws and deficiencies in the process of disciplined students but also makes the students' interest in protection is hidden among the last few years, the growing student sued his alma mater, the event will It is testament to this. Regulate the day-to-day management of the university order to improve the program of student disciplinary action, not only conducive to the maintenance of day-to-day management of the school, teaching, and will also play a strong role in safeguarding the legitimate rights and interests of the students discipline. Writing, first the legal status of the colleges and universities to make a brief analysis, clarifying the nature of the relationship between the university and the students as well as colleges and universities disposition university administrative privileges at this stage, on this basis, to explore the boundaries of analysis are The stages universities disciplined student program deficiencies and defects, and finally, comments and suggestions on how to improve the college student discipline proceedings. The main content of the paper is divided into four chapters, each chapter is as follows: Chapter ordinary schools of higher education students analyze the nature of the disciplinary action. Regular higher education school students analyze the nature of the disciplinary action. The nature of student disciplinary action is directly related to the legal status of the colleges and universities, colleges actual civil entities and administrative body double identity. Students' Punishment colleges and universities as a teaching managers to make the sanctions for violation of the provisions of relevant legislation and school management in students having sex, the making of such an act is entrusted by the state colleges and universities a certain amount of discretion to manage one of the students in the school. The performance, by their nature, neither administrative sanctions or administrative penalties, to defining the nature of the disciplinary action based the teaching management relationship between the university and students more appropriate. Chapter II, the case of the types and application of student disciplinary sanction. Enacted, the Ministry of Education, colleges and universities students regulations on student disciplinary action under six: warning, serious warning, demerit, probation, ordered to drop expulsion. By some colleges and universities more than six sanctions implementation and analysis of the resulting problems, I believe that the boundaries of the school administrative privileges is that \applicable, except that the applicable conditions and scope be subject to more stringent restrictions, the latter two sanctions as it relates to student status should be perfect relief rights, in order to guarantee the legitimate rights and interests of the students. The third chapter, the student disciplinary proceedings - reconstruction of due process. Less procedural provisions in the existing laws, rules, and regulations on student disciplinary action by the impact of the legal concept of \unreasonable manner of service, as well as imperfect after the relief program, student disciplinary proceedings provisions for the lack of a complete system, inevitably spawned many problems. The author believes that disciplinary action system improvements, due process of students building is the only way, and proposed that feasible reform proposals: the need to complete the whole sanctions process, four links, forensics and investigation - punishment results announcement - delivery and filing - Student Appeals and hearings, in order to make the punishment fair and reasonable results. Chapter IV, student disciplinary action complaint system. Student complaint system in our country is still in the developmental stage, the content has not yet standardized, the complaint alleged discipline students by school punishment, due to the the students specific identity and status in the education and teaching activities, most of them choose. Students' appeal system, an important legal relief system to safeguard their legitimate rights and interests of the students, and its essence is to remedy the legitimate rights and interests of the students damaged.

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