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

Mingjie Sun

doi:doi:10.11648/j.her.20230801.13

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

Mingjie Sun

Published in Higher Education Research (Volume 8, Issue 1)

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), 2024. Published by Science Publishing Group

Keywords

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

References

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[19]	Li Shuai, Huang Ying (2020). The Decline and Reconstruction of Teacher Authority: From the Perspective of Teacher's Disciplinary Power into Law, Research on Teacher Education, (1): 27-32.

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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
PY  - 2023
N1  - https://doi.org/10.11648/j.her.20230801.13
DO  - 10.11648/j.her.20230801.13
T2  - Higher Education Research
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

Mingjie Sun

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

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Plain Text BibTeX RIS

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

Copy | Download

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

Copy | Download

@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}
}

Copy | Download

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
PY  - 2023
N1  - https://doi.org/10.11648/j.her.20230801.13
DO  - 10.11648/j.her.20230801.13
T2  - Higher Education Research
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  -

Copy | Download