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Students study the legal characteristics of punishment

Author: LiZuo
Tutor: ZouRong
School: East China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Higher punishment Essence of education Legal property
CLC: D922.16
Type: Master's thesis
Year: 2008
Downloads: 262
Quote: 1
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Abstract


Higher education disposition in recent years within the field of the hot issues of law, causing the concern of many people, school administrators, educational administration, jurisprudence scholars, judicial practice personnel from a different perspective on this issue has been studied. The existing law on university research punishment in scope and more focused on the study of public schools, private schools punishment rarely discussed problem; angularly mainly located in the disposition of the remedies, procedures, etc., did not specifically discuss the behavior of university legal punishment Properties of the article, has yet to see the public universities and private colleges two clues parallel discussions of academic achievement. This paper attempts to break through the existing research on the scope and limitations of the angle to university legal property disposition for the study of the basic problems, the public schools and private schools are included in the scope of the study synchronization discussed. Disposition of college to understand the overall situation is to discuss the legal property of the premise. The author in 1980 to 2008 in 20 years on college students management laws, regulations and rules as the basis of the analysis of the form and disposition university history. Current university disposition in the form of a warning, serious warning, demerit, probation and expulsion of these five. China's laws and regulations on the specific reasons for college punishment is not clearly defined, which is China's laws and regulations exist in the field of university sanctions missing part, the author in the form of a schedule for five well-known colleges and universities on student disciplined school rules were compared By reason of these rules and regulations regarding disposal of analysis and comparison, and then summed up the general student punishment causes. As a college student punishment based on the legitimacy of the body from the \Public universities as authorized administrative body implementing disposition for students, while private colleges and universities is based on the civil contract to carry out the identity of the main party to the contract sanction behavior. Disposition of university research should be based on the property for a full understanding of the essence of education, as well as to clarify the relationship between government and education, the relationship between students and schools. The essence of education is a social activity, the government played in this social activity and regulators held a dual role: on the one hand, the government is the cause of public education organizers, this is because our Constitution stipulates that citizens enjoy the right to education , which country has responsibility for education development, organizing public universities to achieve national educational responsibilities embodied; On the other hand, the government plays a regulatory role, the government-run universities and private colleges and universities for the implementation of the regulation and its implementation in other areas of social administrative supervision and management there is no difference in substance. Country specific educational management process delegated to public universities to certain executive, public universities in the exercise of these powers is authorized administrative body identity exists, public universities and students produced a relationship between administrative law and civil legal relations of the dual relationship; organizer of private education is the government body other than, private colleges and students is essentially based on the relationship between education contract civil legal relations arising. Based on the above analysis, public school Xiaoxueshengchu of the legal characteristics of administrative behavior should be characterized in further can be characterized as a specific administrative act of administrative punishment; while private colleges disposition shall be the legal property of qualitative education-based contract contractual behavior.

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