Encourage and support autonomous management, participate in school affairs, drop out of school, resume school, change majors, identify online learning credits, have serious academic misconduct or be expelled, set a time limit, and improve student appeal procedures. ...
Since September this year 1, this series of new policies concerning the vital interests of more than 30 million college students will enter the practical stage with the promulgation and implementation of the newly revised Regulations on Student Management in Colleges and Universities.
Where is the "new" in the newly revised Regulations on Student Management in Colleges and Universities? What kind of spirit of revision is reflected?
Keeping pace with the times, legislation responds to the proposition of the times of talent training.
According to Ma Huaide, vice president of China University of Political Science and Law, this revision aims at the original legal defects and emerging problems in student management, clarifies the tasks and objectives of student management from the perspective of who to train and how to train people, strengthens the protection of students' rights and interests, improves the management system such as student status, and pays more attention to the management of various student affairs by using the rule of law and the rule of law, thus laying an institutional foundation for running schools according to the law.
The task and purpose of student management is the basic procedure and core content of the Regulations. The revision of the "Regulations" has greatly supplemented and improved the tasks and objectives of student management in colleges and universities.
In terms of the purpose of student training, the first article of the new "Regulations" makes it clear that "training socialist builders and successors" is the fundamental purpose of student management and training in colleges and universities. In terms of student management tasks, the new regulations add "adhering to the guiding position of Marxism", and at the same time take "adhering to moral education as the foundation, taking education of ideals and beliefs as the core, cultivating and practicing socialist core values, carrying forward Chinese excellent traditional culture, revolutionary culture and advanced socialist culture, and cultivating students' sense of social responsibility, innovative spirit and practical ability" as the newly added task of college student management.
In addition to highlighting Lide Shu Ren's requirements, the heads of relevant departments of the Ministry of Education said that it is also one of the main principles to provide support for deepening the comprehensive reform of colleges and universities. The newly revised regulations respond to the actual needs, provide institutional and reform support for college students' innovation and entrepreneurship, add three specific systems to encourage students' innovation and entrepreneurship, and encourage and guarantee colleges and universities to establish more flexible learning systems and student management that adapt to their own characteristics and needs.
According to Zhan Zhongle, a professor at Peking University Law School, paying special attention to responding to the problems and loopholes in the field of higher education administration in the past decade is also a remarkable feature of this revision.
For example, in order to deal with a series of "impersonation to go to college" incidents that have aroused widespread concern in college enrollment, the new regulations have increased the provisions on the preliminary examination of freshmen's admission qualifications, and at the same time made more specific and strict provisions on the procedures for re-examination admission. Similarly, the newly revised regulations have improved the management system of student status and academic qualifications, reflecting the responsiveness of legislation and the spirit of keeping pace with the times.
People-oriented, pay attention to safeguarding the legitimate rights and interests of students.
The core of the legalization of student management in colleges and universities is to correctly handle the rights and obligations between schools (teachers) and students, especially to respect and protect the rights of students. In Sun's view, the new regulations pay more attention to the protection of students' basic rights, take students as the center, strengthen service awareness and highlight the dominant position of college students.
The first article of the new "Regulations" adds the expression of "protecting the legitimate rights and interests of students", and the fifth article re-emphasizes that the management of students "should respect and protect the legitimate rights of students". In the concrete enumeration of students' rights, it has also been improved and expanded, especially the related rights of students to participate in school management and other rights stipulated in the school charter have been added, which is not only conducive to protecting students' rights, but also reflects the tendency of promoting democratic and independent running of universities.
In addition, Zhan Zhongle pointed out that the improvement of specific procedures such as student status management and complaint handling also provides a stronger procedural guarantee for the realization of students' rights, and more emphasis is placed on the appropriateness of decisions, especially for a series of decisions that may involve students' major interests, necessary legality review is needed to protect students' legitimate rights and interests by ensuring the legality and rationality of decisions.
According to Lin Wang, vice president of northwest university of politics and law, dealing with and punishing students is only a rigid means of education, not the ultimate goal of education. The new "Regulations" increase the relevant contents of the punishment of expelling students, greatly promote the improvement of the student management system in colleges and universities, give full play to the educational function and value of the "Regulations on Disciplinary Actions against Students", and highlight the humanistic care and ultimate goal of education.
Administering schools according to law and promoting the legalization of student management in colleges and universities
Since the end of the twentieth century, China's higher education litigation has grown from scratch, and the process of higher education legalization has been continuously promoted. It is understood that the types of cases in which students sue colleges and universities accepted by courts at all levels in China include expulsion from school, diploma and degree certificate, withdrawal from school, cancellation of school, student injury accident, admission and changing majors, and most of them involve the application of the Regulations on the Administration of Students in Ordinary Colleges and Universities. The spirit and specific content of the Regulations have become an important basis and standard for the legalization of student management in colleges and universities.
The new "Regulations" focus on promoting the management of colleges and universities according to law, further standardizing the management behaviors such as academic qualifications, academic achievements, rewards and punishments, and promoting the management of colleges and universities according to law.
Geng Baojian, the presiding judge of the Supreme People's Court Administrative Court, said that the new regulations have further improved the student rights relief system and formed a convenient and effective dispute resolution mechanism that combines administration and justice, the present and the long term.
The legalization of student management in colleges and universities requires colleges and universities to respect students' rights and manage students according to law. Shen, deputy dean of the School of Education, Renmin University of China, believes that it is neither simple to think that school power is greater than students' rights, nor simple to think that as long as students' rights are not under the control of schools. The new regulations protect the legitimate rights and interests of students from the legislative purpose, emphasize the unity of students' rights and obligations, and attach importance to the balance between students' rights and school power, which can be described as an appropriate move to promote the legalization of student management in colleges and universities.