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

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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

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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), 2024. Published by Science Publishing Group

Keywords

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

References

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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

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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

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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

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@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}
}

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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
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DO  - 10.11648/j.her.20230804.14
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JO  - Higher Education Research
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PB  - Science Publishing Group
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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  -

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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). 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

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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