Research on the Existing Problems and Countermeasures of "Student Disciplinary Punishment Regulations" in Colleges and Universities

Abstract

Colleges and universities have the right of independent management according to law. In the aspect of student management, formulate "Disciplinary Punishment Regulations for students", according to which students are rewarded and punished. However, the legal rights and interests of some college students have been infringed due to various problems in the formulation basis, the content of regulations and their implementation which are contrary to the constitution and laws. The fundamental reason is that the concept of education is not correct, the legal system of higher education is not perfect, and the judicial review is absent. In particular, the law based on which colleges and universities formulate the "Regulations on the Punishment of students' discipline Violations" does not clearly define the scope of the affairs of the punishment of students' power, which leads to the confusion of the decentralization of power in the student affairs office of colleges and universities. In this regard, the article puts forward the principle of legal reservation, from the absolute legal reservation, relative legal reservation and no legal reservation to clarify the scope of college students' management power of three aspects, supplemented by judicial review limited involvement, adhere to due process, improve the student punishment institutions, improve the supervision system, and construct a scientific "student punishment regulations for disciplinary violations". The article puts forward the opinion on how to protect the legitimate rights and interests of college students with the right to education as the core and has profound enlightenment.