The outstanding problems encountered in the management of colleges and universities are mainly manifested in the following four aspects:
First, recruit students
The right to education and equality is a basic right enjoyed by China citizens, which is clearly recognized by our Constitution. However, due to historical reasons, these two basic rights are often not fully implemented in the enrollment of colleges and universities in China. Take the right to equality as an example. As we all know, the scores of college entrance examinations in China are not consistent from year to year. Of course, it is actually unequal and unfair to ask for absolute equality or formal equality with exactly the same scores, because the education level of different provinces in China does vary greatly due to various reasons such as geography, history, economy and culture. Therefore, in economically and culturally developed provinces such as Jiangsu and Shandong, the scores of college entrance examination should be higher than those in remote provinces such as Yunnan and Guizhou, which should be normal and meet the standards of substantive justice. However, as the capital and cultural center of China, Beijing's education development and national investment in education are far ahead of other provinces, autonomous regions and municipalities. According to the requirements of substantive justice, Beijing's college entrance examination score should be much higher than other provinces, but the situation is just the opposite. Therefore, whether from the formal understanding or from the substantive justice understanding, the low-scoring admission policy for Beijing candidates is unfair and unfair compared with candidates from other regions. Although the college entrance examination in Beijing has been changed into a separate proposition, it cannot be compared with the admission scores of other provinces, but this is only an evasive problem, not the final solution to the problem of fair admission.
In addition, the right to equality also requires that all candidates should be equal in admission. At present, many colleges and universities in China often impose some restrictions on the height, vision and health of candidates when enrolling students. Of course, it is also reasonable for some special majors to put forward some specific requirements for candidates. For example, broadcasting, performance and other majors require candidates' image, temperament and sound quality, while dyeing and finishing majors require candidates to be color-blind, which are all necessary restrictions required by the nature of the major itself. However, if we restrict those majors that do not need any specific restrictions at all, or refuse to admit or cancel the admission qualification just because the candidates suffer from diseases such as hepatitis B, then colleges and universities are suspected of discriminating against candidates and abusing their powers to infringe their equal right to education.
Second, the management of students, especially in the punishment of students.
At present, in China's education laws and regulations, there are two laws and regulations directly related to the management of college students, namely, the Code of Conduct for College Students and the Regulations on the Management of College Students promulgated by the former State Education Commission on 1989 and 1990 respectively. The Regulations on the Management of Students in Colleges and Universities are generally formulated on the basis of the above two regulations. If you are interested in browsing the campus web pages of colleges and universities, you will find that there are many regulations on student management in colleges and universities, each with its own characteristics, but the overall characteristics are abstract, general and rough. In some colleges and universities, some punitive clauses, especially those that order students to drop out of school or expel them from school, are often illegal in themselves. For example, there is a code of conduct for college students. Once found, cheaters will be punished as follows: they will automatically take a year off from school, go home to take part in labor, and return to school to continue their studies after the expiration of the period with the certificate issued by their family's grassroots organization or parent unit. This disguised provision of "reeducation through labor" or "reeducation through labor" is illegal in itself, and colleges and universities have no right to make such provisions at all. For another example, in order to take exams seriously, some schools stipulate that cheating candidates will be ordered to drop out of school or expelled from school once they are found cheating. Let's not talk about how difficult the college entrance examination process is for candidates, how difficult it is for students to go to college, how often the fate and future of students are ordered to drop out of school or expelled, and whether such regulations violate the purpose of teaching and educating people in colleges and universities. As far as its provisions are concerned, it is actually illegal. According to Article 12 of the Regulations on the Administration of Students in Ordinary Colleges and Universities, "those who cheat in exams shall be given disciplinary sanctions", but in the ten cases that Article 29 stipulates that they should drop out of school, there is no stipulation that they should drop out of school if they don't abide by the discipline of the examination room or cheat. Article 63 stipulates that "those who violate school discipline and the circumstances are serious" may be ordered to drop out of school or expelled from school. However, the premise should be that the "school discipline" of colleges and universities itself should conform to the relevant laws of our country, and it should not be expanded and self-authorized at will outside the legal provisions. One of the reasons why Tian Yong won the case against University of Science and Technology Beijing is that the Emergency Notice on Strict Examination Management issued by University of Science and Technology Beijing is too strict and treats students too harshly.
In the management of college students, the most common and sensitive problem for managers is the handling of college students stealing forbidden fruits. Although universities in China have generally experienced a change in attitude from banning to not advocating or prohibiting whether to allow college students to fall in love, and although condom vending machines were publicly set up in some university campuses a few years ago, universities generally dare not cross the line when it comes to college students' sexual behavior, and they are very firm and unambiguous in their attitude towards students who steal vegetables and ban fruits. Once found, they will be ordered to drop out of school or expelled. Colleges and universities make such punishment for students who steal forbidden fruits, based on the relevant provisions in the Code of Conduct for Students in Colleges and Universities and the Regulations on the Management of Students in Ordinary Colleges and Universities. Article 8 of the Code stipulates that college students should pay attention to personal moral cultivation, communication between men and women and proper manners; Article 13 stipulates that students are not allowed to stay in dormitories of the opposite sex, while Article 63 (4) and (5) of the Regulations stipulates that those with extremely bad conduct and moral corruption violate school discipline, and if the circumstances are serious, the school may, as appropriate, order them to drop out of school or expel them from school. However, the relevant departments have not stated whether having sex is "extremely bad moral character" or "moral corruption", which has always been done in practice, and few people have raised objections (including students who have been punished), but the author believes that there is room for further discussion and discussion on this issue. In addition, "school discipline" in "those who violate school discipline and the circumstances are serious" should also be understood as mentioned in the previous paragraph. In addition, when dealing with such incidents, colleges and universities often involve the protection of the privacy rights of students who have been punished. If you are not careful, you may violate the privacy right of the punished students and face the danger of being pushed to the dock.
Third, academic management.
Academics are the soul, life and brand of colleges and universities, and any college should strictly manage academics, especially in today's era of fake academics. However, in practice, there is often a conflict between the autonomy of academic management in colleges and universities and the rule of law. Under normal circumstances, the law should not directly interfere with academics, which mainly depends on the self-discipline of colleges and universities and the conscience of scholars. Therefore, it is very important for colleges and universities to establish a system to guarantee the freedom of conscience of scholars. There is a problem of conscience that cannot be solved by law. However, if the provisions of academic management in colleges and universities are illegal, unreasonable, absurd and inhuman in substance or procedure, in this case, if the parties whose legal rights have been infringed by these illegal, unreasonable, absurd and inhuman provisions make a request for legal relief, then the judicial organs should not remain silent.
For example, according to the Regulations on Academic Degrees in People's Republic of China (PRC) and its provisional implementation measures, graduates of institutions of higher learning must go through two hurdles to obtain a degree: the first hurdle is that graduation thesis must pass the defense committee of the department; The second level is that after the graduation thesis is approved by the department's defense committee, it will also be approved by the academic degree evaluation committee of the school. According to the second paragraph of Article 10 of the Academic Degrees Regulations, academic degree evaluation committee's task is to "review the list of winners of bachelor's degrees and make a decision on whether or not to approve the resolution on granting master's degrees or doctoral degrees submitted by the dissertation defense committee. Decided to vote by secret ballot. More than half of all members passed. " Article 10 of the Interim Measures for the Implementation of Academic Degrees Regulations stipulates that academic degree evaluation committee is composed of nine to twenty-five people with a term of two to three years, and it is also stipulated that there may be several sub-committees under it. Therefore, from the above provisions, there is no professional restriction on the composition of academic degree evaluation committee in colleges and universities, and it is generally composed of experts from different majors in practice. In the case of Liu v. Peking University, Liu's doctoral thesis passed the defense committee, but when it was examined in academic degree evaluation committee, Peking University decided not to grant him a diploma and a doctorate according to the regulations of the school. But in fact, the above regulations of Peking University do not conform to the Regulations on the Management of Postgraduates' Student Status issued by the former State Education Commission 1995. Article 33 of the "Regulations" stipulates that the conditions for conferring a degree are that "graduate students have completed the course study and compulsory links in accordance with the provisions of the training plan, with qualified grades, completed graduation (degree) papers, been granted graduation and issued graduation certificates". It can be seen that obtaining a degree is not a prerequisite for issuing a diploma, so the above provisions of Peking University have broken through the legal provisions and should be invalid according to law. Therefore, the first-instance judgment of Haidian District Court revoked Peking University's decision on Liu, and ordered Peking University to issue a diploma to Liu according to law. However, as to whether to award Dr. Liu's degree, it may be that the presiding judge realized the absurdity of academic degree evaluation committee's lay expert thesis system, so he adopted Liu's agent's opinion on the issue of "more than half of all members passed" and made a very clever and wise explanation. The verdict ordered Peking University academic degree evaluation committee to review Liu's thesis and decide whether to award Liu a doctorate. In fact, Professor He Weifang admits that he can't even understand the title of Liu's paper. Because what doctoral students study is very precise, profound and thorough, only a few experts in the industry really have a say in it. Although all academic review committees are experts, most of them are laymen for a particular major. However, according to the provisions of the Academic Degrees Ordinance, these laymen have the right to examine the papers of experts and make a life-and-death judgment. Its absurdity is obvious. Therefore, Professor He Wei advocates that the review of academic degree evaluation committee should be changed from substantive review to procedural review, and the author thinks his suggestion is practical.
For another example, a few years ago, colleges and universities stipulated that doctoral students in liberal arts must publish more than three papers in core journals, and doctoral students in science must be reprinted by sci for more than three papers to be eligible for thesis defense. Under pressure, doctoral students will redouble their efforts, so the number of papers published and reprinted in domestic and foreign journals of this university is far ahead in the ranking of domestic universities at once, and the university is famous for it. Many colleges and universities have followed suit and even made more regulations. But the problem is that there are so many core journals in China that it may not be so easy for quite a few doctoral supervisors to publish so many articles in similar journals within three years. What's more, as we all know, domestic core publications are often monopolized or monopolized by some celebrities, experts and "professional households". With more and more universities making such regulations, and the enrollment expansion policy will increase the number of doctors in China, where can these doctors finally send articles? How do doctors accomplish this hard target? I think, if we must strictly implement this regulation, the final result will only or will make academics more and more false, impetuous and corrupt, and then create more academic garbage and academic bubbles; Or there is a contradiction between the doctor's failure to get a degree and the school. Generally speaking, it may be a combination of the two results (Mr. Zhong Jingwen often taught his disciples to write less and read more before his death. I was deeply moved! Mr. Zhu Lao is a famous scholar of the previous generation. He may not know that times have changed. If his disciples don't have many "academic achievements" and can't show strong "scientific research ability", it may be a problem to find a job after graduation.
There are even more irrational and horrible rules! In order to purify the school spirit and study style and strengthen the educational administration, a university stipulates that the "last elimination system" should be implemented among students! There are also colleges and universities that stipulate that doctoral students in this school must be eliminated according to the number of people before graduation 15%! The absurdity and irrationality of these regulations are obvious. As we all know, college education is the so-called qualified education, and its goal is to cultivate qualified talents. In fact, the above provisions are incompatible with the goal of cultivating qualified talents. The consequence is not only that students' behavior loses predictability, but also that everyone is afraid of themselves, which is likely to happen in practice. In Mr. Liu's words, for those "talented" stars, powerful "on-the-job degree winners", bureaucratic children, students from Hong Kong, Macao and Taiwan, and foreign students, it is impossible to be eliminated because of various "policies" and other reasons. In the end, only "disobedient" students like Einstein, Copernicus, Bruno, Liang Shuming, Ma Yinchu and Gu Zhun will be eliminated! In fact, compared with the fact that some universities in China are busy running classes and selling diplomas in disguise, the deans of various universities are committed to "generating income", and some universities treat people with "excellent official position" as prostitutes to solicit customers. The so-called theory of strengthening academic management is really self-deception.
As the so-called social conscience and social forerunner, colleges and universities will have all these absurd and irrational phenomena that could only appear in the dark Middle Ages of Europe dominated by theology, so it is not difficult to understand all kinds of absurd, impetuous and irrational phenomena that appear in today's society. Writing here, I especially miss my alma mater, Jilin University. When I was studying at my alma mater, there was no such rule at my alma mater. Moreover, several tutors of our modern history major in China regard their disciples as their own children and take meticulous care of their study and life. Therefore, during their three years of graduate study at their alma mater, they have been immersed in love and warmth, fully enjoying the fun of reading and thinking freely. I wonder if my alma mater will make such a rule now. God bless. But the alma mater can't get rid of the bad habit of merging fashionable colleges and universities. Five universities merged into a new Jilin University, which looks huge from the outside.
Fourth, the relationship with teachers.
In the relationship between universities and teachers, conflicts are mainly manifested in the evaluation of professional titles and the flow of personnel. Because the professional title is directly linked to salary, housing and welfare (the initial evaluation of professional titles has a first-Mover advantage). For example, Mr. Zhu Suli, who is widely admired by our legal laggards, once admitted that he was very tired because he had to be busy with daily affairs such as housing. I dare not talk nonsense at Peking University, but if Mr. Su Li works in other universities because he 1992, and because he may not have any administrative position and "relationship" except academic, his housing is probably not as good as a full-time director of a school who may not know what academic is, or even worse than the section heads of some local universities, and it also involves the question of whether he is qualified to take a master's degree or a doctor's degree. Of course, the value of being a professor, tutor for master students and tutor for doctoral students is naturally different. Have you noticed that some doctoral tutors of popular majors have brought twenty or thirty or even more masters and doctors, but it is difficult for disciples to see their tutors several times in a year? Tutors fly around the country busy giving lectures and "consulting", earning a lot of money? Moreover, once you become a professor or a "guide", you are safe. I haven't heard of any professor or tutor whose professional title or qualification was cancelled because of unqualified or declining or stagnant level. Therefore, it is not surprising that the mentor of human resources management has never managed human resources, and the mentor can't guide the apprentice at all. There will even be an anecdote that the general affairs director of a university in the south is evaluated as a doctoral tutor. Since the title is so important, what does the title evaluation mainly look at? The answer mainly depends on "academic achievements", that is, the quantity and quality of "academic papers" and works (the standard of quality is the level of published publications), which has caused unprecedented academic prosperity and corruption in China. Although there is no statistical data to prove that China's higher education has only been "out of order" for more than 20 years, few people may object that the number of professors, masters and doctors in China should be the highest in the world, and the sum of the numbers definitely exceeds the population of some small countries. Next year, the enrollment of graduate students will be expanded, and the number of "advanced talents" will probably set a new record in the world (Chinese scholars already have a strong "Jinshi complex", and the current system requires academic qualifications. As a result, scholars are desperately busy with "postgraduate entrance examination" and "taking exams", wasting all their good time on foreign languages that they forget after taking exams, and even there is a farce of doctoral invigilation. But what can I do if I don't take the exam? You know, in today's world, Liang Shuming and Chen Yinque can never teach in Peking University or Tsinghua, and Lu Xun seems to have no formal "education". Do you want to evaluate the professor? This is absolutely crazy. Sadly, it is reported that in terms of the number of articles published in frequently cited journals around the world, the best university in China is only one tenth of that of Tokyo University in Japan, while another material points out that the scientific research capacity of our university is less than one third of that of Japan! After reading Qian Zhongshu's Fortress Besieged, Ge Fei's The Banner of Desire, Xie Yong's The Lost Years and other works, I feel that the image of a professor, which was once sacred in the eyes of a lost teenager, has become so concrete and vulgar that I can only borrow Nietzsche's metaphor and cry out with indignation that the professor is dead.
We've gone too far. Let's get back to the point. Because professional titles are so important, the evaluation of professional titles is often limited by "indicators" (China is a big country with "slogans" and "indicators", and you must all have a deep understanding of the so-called "slogan" country. Take a look on the street, and there are "slogans" all over the street. You may not be familiar with "indicator" countries, but our position as an "indicator" country is real and unshakable. We always like to set an "indicator" for everything in advance. It is understandable to establish "indicators" in advance among these "indicators", such as steel output and gross national product. "Everything is established in advance, and it is useless not to plan in advance." But if it is passed, it will also lead to the consequences of practicing steel and bragging. However, the preset indicators of "Rightists" in "anti-Rightist" movements are ridiculous. Now some places stipulate that there are "targets" for law enforcement, such as the minimum fine that law enforcement officers must complete every year, so there is a "virgin prostitution case". Due to the limitation of the "index" of professional titles and the shortage of manpower, the process of professional title evaluation is full of contradictions and struggles. It may be to avoid contradictions or other considerations, so the process of job title evaluation is as secret as concocting a panacea according to the secret recipe of the ancestors. Why the participants were finally evaluated or not, why the judges voted for or against them, and what were their reasons for their approval or opposition? These problems have never been solved.
Another example is the flow of people. For institutional reasons, working in colleges and universities is like entering a safe. It is extremely difficult to repel mediocre talents, regardless of their academic and work responsibilities. But correspondingly, the flow of excellent talents is extremely difficult. For example, during the Republic of China, university professors were free to flow. For example, Mr. Lu Xun teaches in Beijing Normal University, Xiamen University, Sun Yat-sen University and other colleges and universities, without worrying about "files" and "hukou", which has become eternal history. Some colleges and universities, especially some local colleges and universities, are clinging to their "files" instead of improving their treatment and reusing them in an eclectic way. Such a move is like pinching their dead hole and making them unable to move. In order to retain people, many colleges and universities have also formulated regulations to restrict the postgraduate entrance examination, especially the examination. Article 5 of the "Interim Provisions on Recruiting Doctoral Students" issued by the former State Education Commission 1982 stipulates that "all units should proceed from the overall situation, actively support those who meet the conditions for entering the examination, and strive to transport talents for the country. All in-service personnel who meet the registration requirements apply for doctoral students, and their units should support them (except active military personnel). " However, many colleges and universities simply ignore the above provisions, and even make things difficult for teachers who apply for doctoral degrees after the expiration of their contracts, which not only violates the above provisions, but also violates the applicant's right to education according to China's Constitution.
Main, a famous British legal historian, once said that the development of human society is nothing more than a process from identity to contract. "From identity to contract" marks the civilization and progress of society. For colleges and universities, on the issue of talent flow, we should hold the attitude of running water and not being a fool, because only talent flow will have vitality and innovation, and the consequences of being stuck in the corner for a long time can only be limited vision, inbreeding and stagnation. In fact, in the management of colleges and universities, it is enough to deal with the problem of talent flow according to the contract signed by both parties. For those who break the contract, it is enough to investigate their liability for breach of contract according to the contract. In ancient Rome, it was a basic principle that contracts should be observed. It is ridiculous and sad that colleges and universities that undertake the mission of inheriting human civilization do not abide by the contract.
From the above-mentioned outstanding problems in university management and the cases of universities being sued in recent years, we can see that there are two common problems in university management in China at present.
1. Because the thinking of administrative management has not changed in the planned economy era, until now, quite a few university staff often regard students as the object of education when dealing with student management problems, and completely ignore the rights and personality of students. For example, it is reported that a classmate refused to issue him a diploma and a degree certificate when he graduated, on the grounds that he cheated in the exam and had been revoked. When students complained everywhere, the State Education Commission sent a special document to the school, pointing out that the student was improperly punished, but a person in charge of the school insisted that the only way to solve the problem was that the student had to go back to take the college entrance examination, and as long as he passed the exam, the school would immediately issue him a diploma and a degree certificate. I really don't know what the purpose and legal basis of this person in charge is. But in terms of tone and content, it is not an equal gesture at all, from which we can see the style of some administrative officials in the planned economy era.
In addition, colleges and universities often lack procedural ideas in the management process. For example, in the case of Tian Yong v. University of Science and Technology Beijing, Tian Yong's original punishment decision was not directly delivered to Tian Yong, nor was he informed of his right to defense and appeal. Another example is Huang Yuanhu v. Wuhan University. When Wuhan University made a decision not to admit Huang on the grounds that he failed the political examination, it did not inform Huang of his rights and ways of defense and appeal, nor did it inform him of the specific meaning of "follow-up". Moreover, since Tian Yong has been "cancelled" and Huang Yuanhu has not "obtained" his student status, the school should not let them stay in school until graduation, because it can be expected that in this case, conflicts will inevitably occur when they graduate. Therefore, the procedure of punishing Tian Yong by University of Science and Technology Beijing directly violates Article 64 of the Regulations on the Administration of Students in Colleges and Universities, which states that "the punishment should be appropriate, the conclusion should be met with me, and I am allowed to defend, appeal and reserve different opinions. For my complaint, the school has the responsibility to review. " Wuhan University's handling of Huangyuanhu also violated "due process of law".
In addition, it is worth mentioning that colleges and universities often lack evidence consciousness in litigation. For example, in the case of Tian Yong v. University of Science and Technology Beijing, University of Science and Technology Beijing only provided its own evidence such as teacher's testimony, exam transcripts and student registration cards during the trial, which was not adopted by the court because it violated the legal provisions in the Administrative Procedure Law that the defendant may not take evidence from the plaintiff and witnesses in the lawsuit. In the case of Huang Yuanhu v. Wuhan University, Wuhan University did not provide evidence such as records, resolutions and notification process of Huang Yuanhu's political trial.
2. Another common problem in university management is the lack of transparency, such as the lack of transparency in degree evaluation, professional title evaluation, graduate tutor evaluation, student disposition, enrollment and so on. Especially in terms of enrollment, the transparency is even lower. At present, the college entrance examination generally adopts online admission, which reduces the chance of corruption. However, for postgraduate enrollment, according to the provisions of Article 19 of the Higher Education Law, the requirements for master's degree, doctoral degree and postgraduate entrance qualification are "passing the examination". There is a "qualified standard" here, but it is not stipulated that if several "qualified people" score points, they must be admitted according to the ranking. As a result, the "relationship" with the tutor is extremely important when taking the postgraduate entrance examination, especially when taking the exam. Even people in the industry know an open secret: first, take a foreign language test; The second is to test the "relationship." Moreover, for candidates who take the postgraduate entrance examination and take the exam, because they can only find their own grades, they simply don't know other people's grades and their own test scores, and their rights are often violated and kept in the dark. This brings us a thought: the recruitment of disciples by master tutors and doctoral tutors involves the issue of academic inheritance. From this perspective, I certainly hope to recruit an apprentice who is similar to me in temperament, personality and even writing style. But the problem is that this is not private library enrollment after all. Postgraduate enrollment belongs to the sequence of national education system, and postgraduate training occupies national resources. Therefore, for all candidates, opportunities should be equal and they should be admitted according to their achievements. How to balance tutor's preference and merit-based admission deserves further study. In fact, for graduate enrollment, in this case, it is often more determined by the conscience of the tutor. However, the acceptance process should be transparent.
Many problems often encountered in the management of colleges and universities are mainly due to the imperfect laws and regulations on the management of colleges and universities in China, the imperfect management system of colleges and universities and the inertia formed in the long-term planned economy era. The development of China's higher education requires us to solve these problems, especially with the development of society, the continuous improvement of people's awareness of rights and social civilization, and the new situation faced by China's higher education after the general expansion of colleges and universities, these problems have reached the point where they must be solved. The author thinks that there are many ways to solve these problems in colleges and universities, such as perfecting laws, regulations and management systems, but it is important that all these measures must be people-oriented. For China's higher education, we should establish the belief that the way to a university lies in virtue and perfection, and strive to get rid of the concept that "the greatness of a university lies not in architecture, but in masters".
In recent years, domestic universities have been frequently sued by students. Among them, the case of Liu v. Peking University and the case of University of Science and Technology Beijing are two typical cases, which have attracted extensive attention from the media and great interest from the legal circles, and have been discussed in depth. The administrative litigation brought by college students not only exposes some outstanding problems in the management of colleges and universities in China at present, but also exposes the weakness of the legal theory of higher education and the imperfection of laws and regulations in China. The legal problems exposed through these specific cases give us room for in-depth thinking and discussion.
1. As far as China's higher education is concerned, there are still some problems to be solved urgently in legal theory.
The first is a qualitative question about the legal nature of colleges and universities. As we all know, public colleges and universities are institutions, but there is no authoritative and unified explanation for the legal nature of private colleges and universities. At present, the development of private higher education is in full swing, but the laws and regulations regulating private higher education are basically lacking. Apart from the Regulations on Running Schools by Social Forces, the Administrative Measures for the Registration of Educational Private Non-enterprise Units jointly issued by the Ministry of Civil Affairs and the Ministry of Education in 20001and the Opinions on Further Improving the Enrollment of Private Colleges and Universities issued by the Ministry of Education in 2002, private higher education is basically in a state of "laws to follow".
According to the provisions of the Measures for the Registration of Educational Private Non-enterprise Units (Trial), private colleges and universities are named as "Educational Private Non-enterprise Units". Its procedure is completely different from that of public universities, and its registration institution is the civil affairs department as the competent department of social organization registration. Therefore, it is more appropriate to define the nature of private colleges and universities as social organizations. Then, the next question is, there are a lot of laws and regulations to adjust the relationship between public schools and their teachers and students, so what laws should be used to adjust the relationship between private universities and their teachers and students? Should the relationship between teachers be governed by labor law or contract law? Should the contract law be applied to the relationship with students?
Secondly, among all the problems, the most difficult to solve is that since private colleges and universities belong to educational institutions, they should undertake the obligation of teaching and educating people and manage students well. However, what is the legal basis for its provisions on student management? Is it based on the contract law or the laws, regulations and rules that regulate the management of public colleges and universities? Do private universities have the right to punish students? What is the legal basis for its punishment of students? If he has the right to "order out of school" or "expel" students, is it necessary to return part or all of the tuition fees paid by students? ……
Second, in China's higher education, the legal provisions are absent and lagging behind.
In China's higher education, the absence of legal provisions is most prominently manifested in the lack of necessary dispute resolution mechanism. For example, the school's punishment of students, although Article 64 of the Regulations on the Management of Students in Colleges and Universities stipulates that "the punishment of students should be appropriate, and the conclusion should be met with me, allowing me to defend, appeal and reserve different opinions. The school has the responsibility to review my complaint. " However, so far, there are no laws, regulations and rules on how to deal with students who have been punished.