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The Conflict and Compromise between the Right of Educational Management the University and the Right of the Privacy of the Student

Author: ZhouFengNi
Tutor: ChenJinHong
School: Hunan University
Course: Legal
Keywords: The right of eductional management the university The right of the privacy of the student The balance of the benefit
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 139
Quote: 0
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Abstract

After the enlargement of the right of independence of the university, and in order to get rid of the interference of the government, the concept of the right of university management is put forward at 1980. Even, it works both as administrative right and civil right. According to the law of our country, the right of university management included these content such as the right management of one’s status as a student at school, teaching, ordering and granting of a degree. It has these features, such as enforceability and submission ascendance, its rationality prior to its validity, its wider can use it’s discretionary power on a large extent, and the domain of the right is far more than the features mentioned above. However, as a special team, the object of the right of the privacy of the student of the university are mainly related to their private information, private realm and private activity. Exactly, the fundamental right of the privacy included such factors as the right of maintainess, concealment, utilization and punishment. Nowadays, from the typical case of the student accused his university, we can see that the conflict between the right of the educational management of the university and the right of the privacy of students can be described like this the conflicts among the right of the student’s privacy and the right of the management , the teaching, and the ordering of the university.Through the reasonable consideration of so many conflicts between the right of the educational management of the university and the right of the privacy of the students, we realized that the main reason between them are the following: the conflicts between the public right and the private, the conflict between the concept of the right of its protectors, the management of the university is immature, some of the system law establishement authority are imperfect, the process of the students’management are not so good and the path of helping the student to protect themselves can’t work well. Therefore, in order to make compromise between the management of the university and the right of the student privacy, we should take such actions as this we should make compromise between the benefit of the public and private right, update concept and intensify the law awareness, change the idea of the management of the university, know clearly the law relationship between the student and the university, make a revolution to the imperfect management of the university, perfect the related law establishment authority, build the proper procedure of the management, and consummate the path of helping the students to protect themselves and remove the blocks when the students tried to protect themselves with the law.

The Conflict and Compromise between the Right of Educational Management the University and the Right of the Privacy of the Student

Abstract

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