2012•The Journal of Higher EducationRequires access

On the Right Boundary and Legal Safeguard of Student Autonomy of Higher Learning Institutions

QI Zhan-yong

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Abstract

It is an inevitable choice to grant student autonomy in the institutions legal process.From the perspective of bringing up the democracy and science spirit of modern civilization,student right structure should include the right content of modern education laws and regulations,but also enhance the right of learning freedom and the participant right of university affairs and the right of limited autonomy by amending education laws and rules.However,in the deep-rooted special power relation influence,the recognition of student autonomy is still uncertain.Therefore,we should amend and make the related education laws and regulations,insisting on the principle of law reservation,the principle of proportionality and the principle of due process;improve student autonomy organization,such as the students union;promote legal relief channel for university students to safeguard university students autonomy right.

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What this paper is about

It is an inevitable choice to grant student autonomy in the institutions legal process.From the perspective of bringing up the democracy and science spirit of modern civilization,student right structure should include the right content of modern education laws and regulations,but also enhance the right of learning freedom and the participant right of university affairs and the right of limited autonomy by amending education laws and rules.However,in the deep-rooted special power relation influence,the recognition of student autonomy is still uncertain.Therefore,we should amend and make the related education laws and regulations,insisting on the principle of law reservation,the principle of proportionality and the principle of due process;improve student autonomy organization,such as the students union;promote legal relief channel for university students to safeguard university students autonomy right.

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Available abstract

It is an inevitable choice to grant student autonomy in the institutions legal process.From the perspective of bringing up the democracy and science spirit of modern civilization,student right structure should include the right content of modern education laws and regulations,but also enhance the right of learning freedom and the participant right of university affairs and the right of limited autonomy by amending education laws and rules.However,in the deep-rooted special power relation influence,the recognition of student autonomy is still uncertain.Therefore,we should amend and make the related education laws and regulations,insisting on the principle of law reservation,the principle of proportionality and the principle of due process;improve student autonomy organization,such as the students union;promote legal relief channel for university students to safeguard university students autonomy right.

Key concepts: Autonomy, Democracy, Law, Reservation, Political science, Academic freedom, Sociology, Higher education

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