Seminar "Students' Rights and Legal Protection" Held Successfully
On April 23th, 2016, Seminar "Students' Rights and Legal Protection" was held successfully in Lecturer Hall of Koguan Building, hosted by Institute for Education Law as well as Center for Studies of Constitutional and Administrative Law, Peking University. The rights of students and difficult problems that exist in their legal protection were deeply discussed. Hundred leaders, experts and scholars from more than 40 agencies, universities and institutions attended the meeting, including the National People's Congress, the Ministry of Education, the courts, local educational administrative departments and Tsinghua University, Renmin University of China, China University of Political Science, Capital Normal University, Anhui University, Shandong University, South China Normal University, Zhejiang University, Shaanxi Normal University, Fudan University, Northeast Normal University, Huazhong University of Science and technology and Tianjin Institute of Education Sciences.
The opening ceremony was presided by Prof. Zhan Zhongle, Director of Institute for Education Law, Peking University. Prof. Jiang Ming’an from Center for Studies of Constitutional and Administrative Law of Peking University, Dean of Peking University Law School Prof. Zhang Shouwen, Senior Professor of Peking University Luo Haocai all delivered the speech to congratulate the opening of the seminar and express a warm welcome and thanks the leaders, experts and scholars attending.
The seminar was divided into two thematic reports units and four discussing units, lasting for the whole day. The guests focused on "Students' rights and legal protection" and had a heated and friendly discussion.
The experts generally agreed that, under the background of Rule by Law Policy andpromoting education by law, theacademic discussionof student rights and legal protection is necessary. Students are subject of education, school and college, asthe most important stakeholders in Rule by Law Policy and promoting teaching by law Policy, should look at the rights of students from multiple perspectives and have new understanding and positioning of Students' Rights and legal protection. Prof. LaoKaisheng from Education School of Capital Normal Universitybelieved that education immigration, school choice and home school education phenomenon has showed us a signal, which education began to transform from a civic duty to the rights of citizens. This requires policy makers to respect the special educational requirements of different social groups in decision-makingand actively promote the establishment tofit the diverse educational needs of the education system. Ministry of Education Policy and Regulation Department Sun Xiaobing said, to recognize and protect the rights of students to college education, the administrative departments and institutions of higher shouldwork together. By securing the conditions for education and protecting of the identity of the students, our country can create a more favorable educational environment for students;the relevant provisions in national legislation is still not enough, fortunately, the charter provisions of universities for students' rights have breakthrough and refinement.
The experts generally agreed that the recognition and protection of the rights of students in the legislative and judicial education is to achieve an important part of the Rule by Law Policy. Prof. Chen Peng from Education School of Shaanxi Normal University believed that China still lacks the legal system to protect the rights of students; the law of students is not yet incorporated into clear legislative agenda. Different levels, different types, different schools vary widely for the realization of the promoting education by law Policy.There should be a researchand implementation. CASS researcher Mo Jihong also believed that students' rights including the rights of various types, different rights of different relief path should be distinguished. Former President of administrative tribunal of Supreme People's Court Zhao Daguang thought that the basic source of power of a public university is authorized by the laws and regulations, the nature of the act should belong to public authority, disputes should also be adjusted in accordance with public law dispute. The right to education as a fundamental right should be subject to judicial safeguards. Higher educational autonomy should be respected and controlled. Judicial intervention is also necessary and inevitable.
The scholars believe that the Article 46 of the Constitution, paragraph 1, "citizens have the right and the obligation to get education", student status should be based to a rights-based transition obligation and respect students' right to choose should also be recognized and accepted by society, especially with the continuous development of college enrollment system reform and higher education. Students equal right to education is not only concerned the law of equality, but also pay more attention to equality. Currently, the program equality neglected equal right of education; the strengthening of administrative law education is the key to appeal to real equality. The right to education requires States through appropriate organization and procedures to ensure their implementation. Also the school and university should be requiredto take measures to prevent risks, to protect the safety of students on campus, to provide a friendly atmosphere for students to grow.The scholars believe that with the rise of modern society, the management of college students should also be considered in the legal system.
Student status in the education development is essential, to realize their rights must rely on national security and the rule of schools and universities. After nearly sixty reports and evaluations, student rights and legal protection have received some elaboration and discussion as an important issue. The relevant papers and discussion of this seminar will be showed to the public in a proper way, so that more friends in the academicand practical circles will pay attention to this issue, hoping to achieve and guaranteethe rights of students better.
Translated by: Deng Bowen
Edited by: Tian Yajuan