All Title Author
Keywords Abstract

Publish in OALib Journal
ISSN: 2333-9721
APC: Only $99

ViewsDownloads

Relative Articles

More...

A Study on Implementing “Due Process” in University Student Management

DOI: 10.4236/sm.2024.141002, PP. 15-32

Keywords: Due Process, Natural Justice, Student Management

Full-Text   Cite this paper   Add to My Lib

Abstract:

As the concept of the “rule of law” progressively transitions from an idea to a tangible reality, the importance of understanding rules and emphasizing the supremacy of rights has grown. These have evolved into key value concepts advocated by modern societies where the rule of law prevails. This development is especially critical in the context of higher education. As the concept of administering schools according to law becomes more ingrained, and students’ awareness of their rights continues to amplify, a troubling trend is emerging. Neglect of due process and an indifference towards students’ procedural rights in university management have become increasingly evident. This disregard has led to a steady flow of legal disputes in the education sector. Hence, safeguarding students’ procedural rights becomes a critically important matter. In education management, adhering to the principle of “due process” and upholding the concept of “natural justice” involves providing students with the rights for prior participation, informed and defensive measures throughout the process, and post-procedure remedies. This is done not merely to safeguard their constitutional right to education, but also to unequivocally respect student’s human rights. Moreover, it paves the essential path for promoting the modern rule of law within the field of education.

References

[1]  Brubacher, S. J. (2001). On the Philosophy of Higher Education. Zhejiang Education Publishing House.
[2]  Chen, R. H. (2001). No Remedy, No Rights.
[3]  Civil Judgment of Haidian District People’s Court of Beijing (2016). Jing 0108 No. 39972.
[4]  Coase, H. R. (2014). The Firm, the Market, and the Law. Shanghai Joint Publishing Press.
[5]  Fu, X. M. (2015). The Application of Due Process in School Administration in the United States and Its Implications for Higher Education Management in China. Legal System and Society, No. 8, 193-194.
[6]  Jiang, M. A. (1999). Administrative Law and Administrative Litigation Law. Peking University Press.
[7]  Lin, L. F. (2001). Form Constitutional Norms to Normative Constitution. Law Press China.
[8]  Paine, T. (1985). Selected Works of Thomas Paine. The Commercial Press.
[9]  Rawls, B. J. (1998). A Theory of Justice. China Social Science Press.
[10]  Shen, Z. L. (2004). Jurisprudence. Higher Education Press.
[11]  Stevens, E. (1999). Due Process and Higher Education: A Systemic Approach to Fair Decision Making. Jossey-Bass.
[12]  Tian, P. H. (2009). The Practice of Due Legal Process in Student Management in American Universities and Its Enlightenment to China. Comparative Education Review, No. 7, 61-65.
[13]  Zhang, W. X. (2014). Applying the Rule of Law Thinking and Rule of Law Methods in Governance. Social Scientist, No. 1, 8-17.
[14]  Zhu, M. (1997). The Legal Basis for the Justification of Administrative Procedure: The Development of Japanese Administrative Procedure Law and Its Enlightenment. Case Journal of Foreign Law, No. 1, 64-75.
[15]  Zhu, M. (2004). Administrative Law from a Functional Perspective. Peking University Press.

Full-Text

comments powered by Disqus

Contact Us

service@oalib.com

QQ:3279437679

WhatsApp +8615387084133

WeChat 1538708413