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

Received: 31 January 2023     Accepted: 28 February 2023     Published: 9 March 2023
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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.

Published in Higher Education Research (Volume 8, Issue 1)
DOI 10.11648/j.her.20230801.13
Page(s) 12-19
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2023. Published by Science Publishing Group

Keywords

Student Disciplinary Punishment Regulations, Law Retention Principle, University Student Office Decentralization, Judicial Review

References
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[7] Liu Chi (2021). The historical evolution, operational difficulties and improvement path of the college student appeal system, Higher Education Exploration, (03): 18-22.
[8] Zhang Xiaofan. Research on the disciplinary action system of university students from the perspective of rule of law - taking universities in Qingdao as an example, master's thesis, Qingdao University of Science and Technology, Qingdao, 2018.
[9] Yang Hongyan. The dilemma and adjustment strategy of the expression of the rights and interests of local college students, master's thesis, Shenyang Normal University, Shenyang, 2022. DOI: 10.27328/d.cnki.ghsc.2022.000222.
[10] Tian Qixiang, Research on the Optimization of the Structure of the Rights and Obligations of College Students, Doctoral Dissertation, Harbin Normal University, Harbin, 2022. DOI: 10.27064/d.cnki.ghasu.2022.000020.
[11] James J. Fishman, Stephen Schwarz. (1995),. Noprofit Organization, Westbury, New Yourk, Tth Foundation Press.
[12] Berger CJ, Berger V.(1999). Acdamic Discipline: A Guide to Fair Process for the University Student. Columbia Law Review (2): 299-310.
[13] Ernest L. Boyer (2002). About American education reform. Tu Yanguo, Fang Tong Tran., Beijing: Education Science Press.
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Cite This Article
  • APA Style

    Mingjie Sun. (2023). Research on the Existing Problems and Countermeasures of "Student Disciplinary Punishment Regulations" in Colleges and Universities. Higher Education Research, 8(1), 12-19. https://doi.org/10.11648/j.her.20230801.13

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    ACS Style

    Mingjie Sun. Research on the Existing Problems and Countermeasures of "Student Disciplinary Punishment Regulations" in Colleges and Universities. High. Educ. Res. 2023, 8(1), 12-19. doi: 10.11648/j.her.20230801.13

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    AMA Style

    Mingjie Sun. Research on the Existing Problems and Countermeasures of "Student Disciplinary Punishment Regulations" in Colleges and Universities. High Educ Res. 2023;8(1):12-19. doi: 10.11648/j.her.20230801.13

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  • @article{10.11648/j.her.20230801.13,
      author = {Mingjie Sun},
      title = {Research on the Existing Problems and Countermeasures of "Student Disciplinary Punishment Regulations" in Colleges and Universities},
      journal = {Higher Education Research},
      volume = {8},
      number = {1},
      pages = {12-19},
      doi = {10.11648/j.her.20230801.13},
      url = {https://doi.org/10.11648/j.her.20230801.13},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.her.20230801.13},
      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.},
     year = {2023}
    }
    

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  • TY  - JOUR
    T1  - Research on the Existing Problems and Countermeasures of "Student Disciplinary Punishment Regulations" in Colleges and Universities
    AU  - Mingjie Sun
    Y1  - 2023/03/09
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    N1  - https://doi.org/10.11648/j.her.20230801.13
    DO  - 10.11648/j.her.20230801.13
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    JF  - Higher Education Research
    JO  - Higher Education Research
    SP  - 12
    EP  - 19
    PB  - Science Publishing Group
    SN  - 2578-935X
    UR  - https://doi.org/10.11648/j.her.20230801.13
    AB  - 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.
    VL  - 8
    IS  - 1
    ER  - 

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Author Information
  • College of Marxism, Taishan University, Tai'an, China

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