The Principle of Legal Reservation and the Protection of College Students' Rights in Ideological Education of College Students

Mingjie Sun

doi:doi:10.11648/j.her.20230804.14

| Peer-Reviewed

The Principle of Legal Reservation and the Protection of College Students' Rights in Ideological Education of College Students

Mingjie Sun

Published in Higher Education Research (Volume 8, Issue 4)

Received: 30 June 2023 Accepted: 19 July 2023 Published: 31 July 2023

Views: Downloads:

Download PDF

Share This Article

Twitter
Linked In
Facebook

Abstract

Colleges and universities have formulated their own "Regulations on Punishment of Students Violation of Discipline" in accordance with the Education Law, the Higher Education Law, the Regulations on the Management of Students in Ordinary Colleges and Universities and other laws and regulations, forming the right of punishment of students in colleges and universities. The power of university student management has legal basis. However, due to various problems in the basis, procedure, content and implementation of the "Regulations on Punishment of Students for Violation of Discipline", it has had a negative impact on the legitimate rights and interests of college students, especially the right to education. At the same time, when the same behavior is both illegal and disciplinary, colleges and universities often punish students according to the university's student management regulations, ignoring the law and reducing the dignity of the law. The article quotes the principle of legal reservation, distinguishes the management of college students from the three dimensions of the principle of absolute legal reservation, the principle of relative legal reservation and the principle of no legal reservation, and clarifies the context of college students' punishment right from the system and mechanism of disciplinary punishment of college students, which is of great significance to maintain the dignity of law, respect students' right to know and privacy, and protect students' right to education.

Published in	Higher Education Research (Volume 8, Issue 4)
DOI	10.11648/j.her.20230804.14
Page(s)	139-147
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

The Principle of Legal Reservation, The Right of Disposition of College Students, Chinese Universities

References

[1]	Zhang Xu. (2014). Research on the legalization of students' Rights Relief under decentralization of University Student Offices. Journal of Jiangsu Institute of Technology, (05): 136-139.
[2]	Xing Jiani. (2015). Legalization of decentralization of university student Office. Journal of Theoretical Observation, (01): 144-145.
[3]	Hao Wenjing. (2017). On the balance between decentralization and right to education in university student offices. Education and Teaching Forum, (49): 225-226.
[4]	Mei Han. (2021). An analysis of the discretion of college students under the background of managing the university according to law. Journal of Liaoning Institute of Education Administration, (06): 12-17.
[5]	Liu Xibin. (2020). Research on the standardization of university student punishment under the background of ruling the country by law. Youth and Society, (27): 79-80.
[6]	Chen Xiaojin. (2020). On the reference significance of student punishment in American universities. Contemporary Education Practice and Teaching Research, (10): 220-223.
[7]	Wang W. (2020) Research on the Principle of legal Reservation in Constitution and Administrative Law. Rule of Law and Society, (11): 5-6. DOI: 10.19387/j.cnki.1009-0592.2020.11.181.
[8]	Weng Yuesheng (2002). Administrative Law. Beijing: China Legal Publishing House.
[9]	Liang Yuan, Yang Que. (2021). Reflection and Reconstruction of Basic Principles of Administrative Law. Rule of Law and Society, (15): 174-176. DOI: 10.19387/j.cnki.1009-0592.2021.05.255.
[10]	Yin Jiaxi. (2021) The Judicial application of Due Process Principle in degree revocation disputes. China Financial Law Review, (13): 198-225.
[11]	Liu Yang, Lv Hui, Huang Chuyun. (2020). On the Legal Protection of College students' Rights. Curriculum Education Research, (3): 22-23.
[12]	Luo Haocai (2000). Administrative Law Series. Beijing: Law Press.
[13]	Shen Suping (2002). The right to education and its legal protection: analysis and reflection on a hot issue in current education disputes. China Journal of Education, (4): 38-40.
[14]	Zhang Yinghao: Shenyang University launched the "original review of papers" - checking the plagiarism of papers with "lie detector" [2009-11-24]. [EB/OL]. http://www.jwb.com.cn/bhzb/html/2009-11/24/content_411357.htm.
[15]	Ma Chao (2009). Research on American University Student Affairs. Beijing: Intellectual Property Press.
[16]	Huo Jianping (2015). Research on the legal protection of students' right to education. Educational Exploration, (1): 118-120.

Cite This Article

Plain Text BibTeX RIS

APA Style

Mingjie Sun. (2023). The Principle of Legal Reservation and the Protection of College Students' Rights in Ideological Education of College Students. Higher Education Research, 8(4), 139-147. https://doi.org/10.11648/j.her.20230804.14

Copy | Download

ACS Style

Mingjie Sun. The Principle of Legal Reservation and the Protection of College Students' Rights in Ideological Education of College Students. High. Educ. Res. 2023, 8(4), 139-147. doi: 10.11648/j.her.20230804.14

Copy | Download

AMA Style

Mingjie Sun. The Principle of Legal Reservation and the Protection of College Students' Rights in Ideological Education of College Students. High Educ Res. 2023;8(4):139-147. doi: 10.11648/j.her.20230804.14

Copy | Download

@article{10.11648/j.her.20230804.14,
  author = {Mingjie Sun},
  title = {The Principle of Legal Reservation and the Protection of College Students' Rights in Ideological Education of College Students},
  journal = {Higher Education Research},
  volume = {8},
  number = {4},
  pages = {139-147},
  doi = {10.11648/j.her.20230804.14},
  url = {https://doi.org/10.11648/j.her.20230804.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.her.20230804.14},
  abstract = {Colleges and universities have formulated their own "Regulations on Punishment of Students Violation of Discipline" in accordance with the Education Law, the Higher Education Law, the Regulations on the Management of Students in Ordinary Colleges and Universities and other laws and regulations, forming the right of punishment of students in colleges and universities. The power of university student management has legal basis. However, due to various problems in the basis, procedure, content and implementation of the "Regulations on Punishment of Students for Violation of Discipline", it has had a negative impact on the legitimate rights and interests of college students, especially the right to education. At the same time, when the same behavior is both illegal and disciplinary, colleges and universities often punish students according to the university's student management regulations, ignoring the law and reducing the dignity of the law. The article quotes the principle of legal reservation, distinguishes the management of college students from the three dimensions of the principle of absolute legal reservation, the principle of relative legal reservation and the principle of no legal reservation, and clarifies the context of college students' punishment right from the system and mechanism of disciplinary punishment of college students, which is of great significance to maintain the dignity of law, respect students' right to know and privacy, and protect students' right to education.},
 year = {2023}
}

Copy | Download

TY  - JOUR
T1  - The Principle of Legal Reservation and the Protection of College Students' Rights in Ideological Education of College Students
AU  - Mingjie Sun
Y1  - 2023/07/31
PY  - 2023
N1  - https://doi.org/10.11648/j.her.20230804.14
DO  - 10.11648/j.her.20230804.14
T2  - Higher Education Research
JF  - Higher Education Research
JO  - Higher Education Research
SP  - 139
EP  - 147
PB  - Science Publishing Group
SN  - 2578-935X
UR  - https://doi.org/10.11648/j.her.20230804.14
AB  - Colleges and universities have formulated their own "Regulations on Punishment of Students Violation of Discipline" in accordance with the Education Law, the Higher Education Law, the Regulations on the Management of Students in Ordinary Colleges and Universities and other laws and regulations, forming the right of punishment of students in colleges and universities. The power of university student management has legal basis. However, due to various problems in the basis, procedure, content and implementation of the "Regulations on Punishment of Students for Violation of Discipline", it has had a negative impact on the legitimate rights and interests of college students, especially the right to education. At the same time, when the same behavior is both illegal and disciplinary, colleges and universities often punish students according to the university's student management regulations, ignoring the law and reducing the dignity of the law. The article quotes the principle of legal reservation, distinguishes the management of college students from the three dimensions of the principle of absolute legal reservation, the principle of relative legal reservation and the principle of no legal reservation, and clarifies the context of college students' punishment right from the system and mechanism of disciplinary punishment of college students, which is of great significance to maintain the dignity of law, respect students' right to know and privacy, and protect students' right to education.
VL  - 8
IS  - 4
ER  -

Copy | Download

Author Information

Mingjie Sun

College of Marxism, Taishan University, Tai'an, China

Download PDF

Sections

Plain Text BibTeX RIS

APA Style

Mingjie Sun. (2023). The Principle of Legal Reservation and the Protection of College Students' Rights in Ideological Education of College Students. Higher Education Research, 8(4), 139-147. https://doi.org/10.11648/j.her.20230804.14

Copy | Download

ACS Style

Mingjie Sun. The Principle of Legal Reservation and the Protection of College Students' Rights in Ideological Education of College Students. High. Educ. Res. 2023, 8(4), 139-147. doi: 10.11648/j.her.20230804.14

Copy | Download

AMA Style

Mingjie Sun. The Principle of Legal Reservation and the Protection of College Students' Rights in Ideological Education of College Students. High Educ Res. 2023;8(4):139-147. doi: 10.11648/j.her.20230804.14

Copy | Download

@article{10.11648/j.her.20230804.14,
  author = {Mingjie Sun},
  title = {The Principle of Legal Reservation and the Protection of College Students' Rights in Ideological Education of College Students},
  journal = {Higher Education Research},
  volume = {8},
  number = {4},
  pages = {139-147},
  doi = {10.11648/j.her.20230804.14},
  url = {https://doi.org/10.11648/j.her.20230804.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.her.20230804.14},
  abstract = {Colleges and universities have formulated their own "Regulations on Punishment of Students Violation of Discipline" in accordance with the Education Law, the Higher Education Law, the Regulations on the Management of Students in Ordinary Colleges and Universities and other laws and regulations, forming the right of punishment of students in colleges and universities. The power of university student management has legal basis. However, due to various problems in the basis, procedure, content and implementation of the "Regulations on Punishment of Students for Violation of Discipline", it has had a negative impact on the legitimate rights and interests of college students, especially the right to education. At the same time, when the same behavior is both illegal and disciplinary, colleges and universities often punish students according to the university's student management regulations, ignoring the law and reducing the dignity of the law. The article quotes the principle of legal reservation, distinguishes the management of college students from the three dimensions of the principle of absolute legal reservation, the principle of relative legal reservation and the principle of no legal reservation, and clarifies the context of college students' punishment right from the system and mechanism of disciplinary punishment of college students, which is of great significance to maintain the dignity of law, respect students' right to know and privacy, and protect students' right to education.},
 year = {2023}
}

Copy | Download

TY  - JOUR
T1  - The Principle of Legal Reservation and the Protection of College Students' Rights in Ideological Education of College Students
AU  - Mingjie Sun
Y1  - 2023/07/31
PY  - 2023
N1  - https://doi.org/10.11648/j.her.20230804.14
DO  - 10.11648/j.her.20230804.14
T2  - Higher Education Research
JF  - Higher Education Research
JO  - Higher Education Research
SP  - 139
EP  - 147
PB  - Science Publishing Group
SN  - 2578-935X
UR  - https://doi.org/10.11648/j.her.20230804.14
AB  - Colleges and universities have formulated their own "Regulations on Punishment of Students Violation of Discipline" in accordance with the Education Law, the Higher Education Law, the Regulations on the Management of Students in Ordinary Colleges and Universities and other laws and regulations, forming the right of punishment of students in colleges and universities. The power of university student management has legal basis. However, due to various problems in the basis, procedure, content and implementation of the "Regulations on Punishment of Students for Violation of Discipline", it has had a negative impact on the legitimate rights and interests of college students, especially the right to education. At the same time, when the same behavior is both illegal and disciplinary, colleges and universities often punish students according to the university's student management regulations, ignoring the law and reducing the dignity of the law. The article quotes the principle of legal reservation, distinguishes the management of college students from the three dimensions of the principle of absolute legal reservation, the principle of relative legal reservation and the principle of no legal reservation, and clarifies the context of college students' punishment right from the system and mechanism of disciplinary punishment of college students, which is of great significance to maintain the dignity of law, respect students' right to know and privacy, and protect students' right to education.
VL  - 8
IS  - 4
ER  -

Copy | Download