1. What rights should college students have?

The majority of college students are 18-year-old adults. Therefore, college students with civil capacity should enjoy all the rights stipulated by law. Specifically, college students should enjoy the following rights:

On the one hand, citizens should enjoy the rights stipulated by laws and regulations, including: the right to education, the right to personality (including the right to life, health, name, portrait, reputation, honor and privacy), property rights, and so on.

On the other hand, as the specific rights of the educated: Article 42 of China's Education Law stipulates: "The educated enjoy the following rights: (1) to participate in various activities arranged by the education and teaching plan and use the education and teaching facilities, equipment and books; (two) in accordance with the relevant provisions of the state to obtain scholarships, loans and grants; (three) to obtain a fair evaluation of academic performance and conduct, and to obtain corresponding academic certificates and degree certificates after completing the prescribed studies; (four) if he refuses to accept the punishment given by the school, he shall appeal to the relevant departments, and lodge a complaint or bring a lawsuit against the school and teachers for infringing his personal rights, property rights and other legitimate rights and interests; (5) Other rights stipulated by laws and regulations. " In addition, Article 54 of China's Higher Education Law stipulates: "Students from poor families may apply for subsidies or reduce tuition fees"; Article 57 stipulates: "Students in institutions of higher learning may organize student organizations on campus." Article 5 of the new "Regulations on the Management of Students in Colleges and Universities" stipulates that students shall enjoy the following rights in accordance with the law during their school days: (1) to participate in various activities arranged by the school's education and teaching plan and use the education and teaching resources provided by the school; (two) to participate in social services, work-study programs, organize and participate in student groups and cultural and sports activities in schools; (three) to apply for scholarships, grants and student loans; (four) get a fair evaluation in ideological and moral, academic performance and other aspects. , and obtain corresponding academic certificates and degree certificates after completing the studies prescribed by the school; (five) if there is any objection to the punishment or treatment given by the school, appeal to the school and the administrative department of education; To lodge a complaint or bring a lawsuit in accordance with the law against the personal rights, property rights and other legitimate rights and interests of schools and faculty; (six) other rights stipulated by laws and regulations.

Second, what is the relationship between students and schools?

Under the planned economy system, the school and the competent department are under administrative subordination, which affects various principal relationships within the school. It is not feasible to establish a relationship of "I always say you obey" between schools and students. According to Chinese laws, the relationship between university and students can be grasped from two aspects: on the one hand, university is an educational institution, and college students are educated, so the relationship between university and college students is education and education. China's "Education Law" and "Higher Education Law" respectively stipulate the rights and obligations of schools and students in educational activities, which provide a basis for universities and college students to enjoy legal rights and perform legal obligations. On the other hand, colleges and universities are an organizational management system, and students are an element in the system, that is, colleges and universities are organizers and students are organized, so colleges and students are the relationship between management and being managed. Colleges and universities, as the specific subjects to perform specific functions, have the special rights to formulate articles of association and self-management according to law within the scope of specific functions. The Education Law and the Higher Education Law clearly stipulate the rights of "running schools independently according to law" and "managing independently according to the articles of association". The law also stipulates that college students should abide by the various management systems of the school and undertake the obligation to recognize and obey the control of the school. Otherwise, colleges and universities have the right to restrict or even deprive students of their rights according to their own rules, and even fundamentally change their legal status.

Some people think it is judicial relationship and contractual relationship, but now the more consistent view is public law relationship. The relationship between students and schools, from the students' point of view, is the relationship of using school education and teaching facilities; From the school's point of view, it is the relationship between education, management and protection. The rights and obligations of school education, management and protection, as well as the rights and obligations of students' education, all come from public law, and their behavior is regulated by public law, which requires both parties to correctly understand the boundaries of rights and obligations, exercise their rights and perform their obligations according to the prescribed procedures, thus forming a harmonious state between college education and school life. For a long time, the relationship between students and schools has not been clarified, which stems from the fact that the internal relations of schools are not subject to judicial intervention. 1999 in the case of Tian Yong, a student of University of Science and Technology Beijing, who cheated in the exam, the school made it clear that school management belongs to administrative management and should be subject to judicial supervision. Unsupervised supervision will inevitably lead to abuse of power.

In recent years, with the awakening of students' awareness of rights, college students have sued the school for infringement from time to time [2]. In fact, from another perspective, this is also a manifestation of the lagging school management concept. Undoubtedly, student management in most colleges and universities is still a didactic "political work". School management of students still emphasizes the unity of will and absolute obedience. Under the premise that students attend school at their own expense and choose their own jobs, this management idea is obviously becoming more and more out of date.

Limited by the traditional inertia of "strict management", most colleges and universities rarely seriously consider the relationship between schools and students from a legal perspective. For example, some rules and regulations formulated by the school always emphasize students' obligations unilaterally without mentioning students' rights, which do not conform to the principle of rule of law and even run counter to the requirements of rule of law, making college students' work an island outside the rule of law. The relationship between the two should be that students have more rights and schools have more obligations, and vice versa.

The rule of law is relative to the rule of man, and the rule of law in the modern sense is based on democratic politics. There is no doubt that no matter whether there is an identity relationship or a contractual relationship between the school and the students, the students will always be weak. Democracy means recognizing students' right to run schools.

Since the end of 1990s, all colleges and universities have merged their enrollment, and the schools charge fees and provide services for them. The relationship between students and schools has become a contractual relationship, rather than vertical obedience and obedience as before. In this way, managers' management activities are no longer simple "administrative" behaviors. In the management of college students, it should appear as a civil subject and should be a legal relationship between equal subjects. The transformation of the relationship between schools and students also requires us to re-examine the relevant regulations on student management and school discipline.

Third, the protection of college students' rights:

At present, Jilin University has a strong awareness of protecting students' rights in China. Jilin University put forward the slogan of running the school according to law, and published the book "The Rights of College Students and Their Maintenance" for students. It is reported that this student reader organized by the Youth League Committee of Jida University is the first monograph on the rights of college students in China. The book not only discusses the rights enjoyed by college students in detail, but also illustrates how students can effectively safeguard their rights through some typical cases. "College students have the right to choose their own way of life, such as the right to get married, the right to fall in love, the right to refuse to have their dormitories searched and inspected at will, and the right to choose their own way of learning". This right reader seems to coincide with the new version of the Regulations on the Management of Students in Colleges and Universities issued in March. The rule of law is relative to the rule of man, and the rule of law in the modern sense is based on democratic politics. There is no doubt that no matter whether there is an identity relationship or a contractual relationship between the school and the students, the students will always be weak. Democracy means recognizing students' right to run schools. In Jilin University, we also saw a gratifying side. For example, in addition to school leaders and senior scholars, members of the school affairs committee of Jilin University have also absorbed students, and student representatives can make suggestions on school management directly through the school affairs committee. There are also three students among the 20 supervisors of party style construction in the school. There is no doubt that "students are masters of their own affairs and schools abide by the law", which is the only way for the management of college students to move towards the rule of law.

On March 29th, 2005, the Ministry of Education promulgated the newly revised Code of Conduct for Students in Colleges and Universities and the Regulations on the Management of Students in Ordinary Colleges and Universities (hereinafter referred to as the new regulations). From September 1 2005, the new "Regulations" will be formally implemented. The new "Regulations" clearly define the boundaries of punishment for students, especially proposing that schools should set up a "student complaint handling committee". Moreover, an important difference between the new regulations and the old regulations is that it implements the principle of due process, stipulating that schools must abide by the procedural rules such as authority, conditions, time limit, notice and delivery when making management behaviors involving students' rights and interests, so as to prevent schools from abusing students' management rights at will. The new "Regulations" adds a system to protect students' rights and interests, and stipulates that students have the right to state and defend themselves and the right to appeal when dealing with the behavior of dropping out of school or violating discipline, which embodies the idea of "no management and no relief". The new "Regulations" limit the school's discretion to a certain extent and require schools to abide by management procedures. Its legal value lies in maintaining an external pressure, promoting the legality, rationality and auditability of school management behavior, thus protecting the legitimate rights and interests of students from infringement. The new "Regulations" have implemented five cancellations in implementing the management right of student status: canceling the procedures and time requirements for students to change majors; Cancel the requirements for specific school affairs management; Cancel the restriction on the unified time of students' learning activities; Cancel the national regulations on examination, make-up examination, performance evaluation methods and the number of failed courses due to academic performance degradation, re-examination and dropout; Cancel the regulation of the maximum study time limit for students in school; Cancel the provision that "physical education class is not allowed to graduate if he fails, and will be treated as a graduate". These aspects are formulated by the school according to the actual situation of the school. In the aspect of student status management, the right is returned to the school, which effectively implements the autonomy of the school and lays a scientific foundation for the school to respect the individual differences of students. The new "Regulations" changed the provision that "those with extremely bad conduct and moral corruption" can be expelled from school, and changed it to "those who violate public security management punishment and have bad nature" can be expelled from school. In the new Regulations, there is nothing about the marriage of college students. The new Regulations also do not prohibit college students from getting pregnant after getting married at school.

Fourthly, the significance of campus hearing system to the protection of college students' rights.

Judging from the current situation of college students' rights protection in China, although gratifying progress has been made, many aspects still need to be improved. The lack of hearing system is an important aspect that needs attention. The establishment and improvement of the hearing system is of great significance for protecting the rights of college students. Establishing and perfecting the campus hearing system is an important aspect of the rule of law in colleges and universities. The establishment of the hearing system will provide a feasible and effective guarantee for college students' right demands. The establishment of the hearing procedure provides a legal opportunity for the punished parties to state and defend themselves. If a party who is subject to administrative punishment commits an administrative violation, it shall accept the administrative punishment decision made by the administrative organ, but this does not mean that the party who is subject to punishment cannot object to the facts and legal basis identified by the administrative organ. Therefore, through the establishment of the hearing procedure, the punished party can use the right to request a hearing to state or defend the reasons why he can be given a lighter or mitigated punishment in order to safeguard his legitimate rights and interests.

Establishing the hearing system on campus in China.

First, what is the hearing system?

Hearing is a legal system formed by the administrative organ before making a decision that affects the legitimate rights and interests of the administrative counterpart, the administrative counterpart has a procedure to express opinions and provide evidence, and the administrative organ listens to opinions and accepts evidence. It is generally believed that the basic contents of the hearing system are: 1, notice and notification. Informing means that before making a decision, the administrative organ informs the interested parties of the facts and legal reasons of the decision according to law. Notice means that the administrative organ informs the interested parties of the matters related to the hearing within the statutory time limit, so that the interested parties have sufficient time to prepare for the hearing. Informing and informing play a communication role between the administrative organ and the administrative counterpart in the administrative procedure, which is an essential procedure in the hearing and plays an important role in protecting the hearing rights of the administrative counterpart. 2. Public hearing. The hearing must be open, so that the public can have an opportunity to understand the process of administrative decision-making by administrative organs, so as to realize the supervision of administrative organs' administration according to law. However, if the hearing involves state secrets, commercial secrets and personal privacy, the hearing may be held in private. 3. Entrusted agent. The administrative counterpart may not be able to use the law freely to safeguard his legitimate rights and interests, and should be allowed to obtain necessary legal help. In the hearing, the administrative counterpart may entrust an agent to participate in the hearing in order to safeguard his legitimate rights and interests. 4. Confrontation debate. Confrontation debate is the factual and legal basis for the administrative organ to make a decision, which is questioned and traced back by the administrative counterpart, thus making the case facts more true and reliable and the administrative decision more fair and reasonable. 5. Take notes. The hearing process must be kept in the form of records, and the administrative organ must take the records as the only basis for making administrative decisions.

The hearing system is "imported" in China. The 65438-0993 price review system initiated by Shenzhen in China can be said to be the embryonic form of the price hearing system. Since then, relevant provinces and cities have successively established price hearing systems. 1The Administrative Punishment Law passed in March 1996 stipulated the hearing system at the national level for the first time. The Price Law adopted by 1997 and the Legislation Law adopted in March 2000 also provide for price decision-making and local legislative hearings. The provisions of laws and regulations on hearing system have accelerated the construction of hearing procedures and the implementation and popularization of hearing system. Many central and local government departments have formulated special hearing procedures or rules and methods. Hearing is widely used in price decision-making, local legislation, administrative punishment, state compensation and many other fields. As mentioned above, the management of students (including the management of students) belongs to administrative behavior in many aspects, so it is feasible to establish a hearing system in our university campus. Second, the establishment of the hearing system in China's university campus

1, scope of application:

In my opinion, the university campus hearing system should include the following aspects: (1), the school disciplinary hearing system: those who refuse to accept the school's handling of cheating in exams or performance evaluation; Refuse to accept the punishment that the school will not issue a degree certificate; Refuses to accept the punishment given by the school; Wait, students have the right to ask for a public hearing. (2) Administrative acts involving the interests of all students in the internal management of the school shall be tried in public. For example, in the process of enrollment, it is considered to be decided by obvious unfairness; Fees such as tuition fees are considered unreasonable by students and their interested parties; The management and charge of canteen and the price of food are considered unreasonable; The evaluation of scholarships, loans and grants is considered unfair; The charge and management of apartments are considered unreasonable; Students have the right to request a public hearing. (3) A hearing system should also be established in a series of links related to students' interests, such as major infrastructure projects in schools, to ensure students' right to know and participate in management.

In short, these administrative actions of schools are related to students' personal rights and property rights, education rights, fair evaluation rights and other rights protected by law. Standardizing the administrative behavior of schools through hearing procedures can ensure that students' rights are effectively and reasonably protected. We should not only follow the example of Jilin University and let students participate in the management of the school, but also establish an effective hearing system to truly protect the legitimate rights and interests of students.

2. Specific procedures:

Schools should set up a hearing supervision committee, with well-known professors of the school as members, give full play to the role of professors in running schools, supervise schools to standardize hearings, and effectively protect students' rights. As mentioned above, students who are dissatisfied with the internal punishment of the school and think that the management of school fees is unfair have the right to appeal to the Appeal and Hearing Committee and hold a hearing. If a student requests a hearing, the Committee shall organize a specific department of the school to hold a hearing according to law. As for the major project construction of the school, before making a decision, we should hold a hearing for teachers and students of the whole school, solicit opinions publicly, and make a report on standardized operation, which has already reflected honesty and justice. Details are as follows:

The hearing procedure applicable to students who refuse to accept the administrative punishment of the school: (1). When the school punishes students, it shall inform them of the right to request a hearing. If the punished party (student) requests a hearing, it shall submit it to the administrative organ within three days after being informed of the right to request a hearing. The punished party may request a hearing in writing or orally. The staff of the specific administrative organ within the school shall record the hearing request put forward orally by the punished person to confirm the fact that the punished person has exercised the right to request a hearing. (2) After receiving the hearing request of the punished party, the internal administrative organ of the school shall start the preparation for the hearing. If a specific administrative organ within the school decides to hold a hearing, it shall notify the punished person, his entrusted agent, the victim and other relevant personnel of the time and place of the hearing seven days before the hearing. In order to ensure the effectiveness of the hearing, the notice of hearing shall be delivered to the punished party, its entrusted agent and relevant personnel in written form. (3) The hearing shall be held in public unless it involves state secrets, commercial secrets or personal privacy. Citizens can attend. Journalists can interview. (4) The hearing shall be presided over by the investigators irrelevant to the case designated by the administrative organ. This separation of investigators and examiners helps to confirm the fairness and comprehensiveness of the investigation results. If the parties believe that the presiding hearer has a direct interest in the case, they have the right to apply to the administrative organ for withdrawal. (5) The punished party may attend the hearing by himself or entrust one or two agents to attend the hearing. In China, there are: lawyers who have obtained a lawyer's business license; Close relatives of the parties, that is, spouses, parents, adult children, brothers and sisters of the parties; The head of a social group; Personnel recommended by the unit where the party concerned works; Other citizens approved by the administrative organ. (6) During the hearing, the investigators in this case shall first put forward the illegal facts, evidence and administrative punishment suggestions of the punished parties; Then the punished party will plead and cross-examine this. The presiding hearer may end the hearing procedure according to the specific circumstances. (7), the administrative organ shall record the whole hearing process. The written record shall be submitted to the person to be punished for inspection, signature or seal. (8) After the hearing procedure, the administrative organ shall, in accordance with the provisions of Article 38 of the> Decision.

The unfair hearing procedure for the management of school fees and the decision-making of major projects shall be presided over by the hearing supervision committee with reference to the price hearing procedure. Attention should be paid to the following aspects: (1), all students in school have the right to request a hearing and can choose student representatives to participate; (2) After receiving the hearing request of the punished party, the internal administrative organ of the school shall start the preparation for the hearing. If a specific administrative organ within the school decides to hold a hearing, it shall notify the punished party, its entrusted agent and relevant personnel of the time and place of the hearing seven days before the hearing is held. (3) The hearing shall be presided over by the hearing supervision committee. (4) The specific administrative organs within the school should explain the management basis such as fees to students; (5) Students should nominate representatives to raise objections; (6) The school administrative organ shall record the whole hearing process. The record shall be verified, signed or sealed by the student representative.

Precautions:

[1], "College students in China are gradually becoming" vulnerable groups ",taken from China News Network on September 27th, 2004.

[2], such as: 1. 1In June, 1998, University of Science and Technology Beijing refused to issue a diploma and a degree certificate to Tian Yong, a 94-year-old student of the university, on the grounds that Tian Yong cheated in the exam of1February, 1996, and was cancelled by the school. 1999 At the beginning of this year, Tian Yong took the school to court. After trial, the court ruled that the defendant University of Science and Technology Beijing awarded Tian Yong a diploma. 1On September 24th, 1999, Liu, a doctoral student majoring in electronic physics in the Department of Wireless Electronics in Peking University, refused to grant his doctorate to academic degree evaluation committee, a famous university, and put it in the dock. On May 23rd, 2004, Chongqing University students asked his roommate Liao to take a make-up exam in English one month before graduation. As a result, it was discovered that the school immediately ordered him to drop out of school and gave him an associate degree certificate. After Zuo Dong failed to appeal to the school, he took the school to court and asked the court to order the defendant Chongqing University to issue a certificate of completion and revoke the administrative sanction. Zuo Dong won the first trial. 4. In 2004, five college students of Sichuan University of Science and Technology were ordered to drop out of school because they hired "gunmen" to take CET-4. After the appeal was hopeless, five students took the school to court and demanded that the school's punishment decision be revoked. The court found that the school's handling procedure was illegal and ordered the school to handle it again. Dong Fei, a student of Zhengzhou University in Henan Province, was ordered to drop out of school for cheating in the make-up exam. In order to get back the right to continue education, Dong Fei took his alma mater to court. On March 3, 2005, the People's Court of Erqi District of Zhengzhou City made a first-instance judgment on this case, revoking Zhengzhou University's decision to expel the plaintiff Dong Fei from school.

References:

1, "College students in China are becoming" vulnerable groups "from China News Network.

2. Zhu Yongxin: Research on teaching management system in colleges and universities. Jiangsu Education Press, 1998.

3. Jinsong Hu: "On the inherent stipulation and characteristics of educational equity-from the perspective of jurisprudence" was originally published in China Education Legal Review (the first series), Education Science Press, published in July 2002.

4. Lao Kaisheng: The Right to Education and the Right to Education in a Changing Society: A Study on the Basic Problems of Education Law. Education Science Press, 2003, 1 edition.

5. [America] John S. brubeck's Philosophy of Higher Education, 3rd edition, translated by program, Zhejiang Education Press, 2002.

6. Zheng Xianjun: Legal Protection of Citizens' Right to Education, People's Court Press, March 2004.

7. Students' Rights and Their Judicial Protection (April 2004)

8. Luo Ying Songnian Editor::>, China University of Political Science and Law Press 1992 edition.