学校管理中侵犯学生权利问题法理学研究.pdfVIP

ABSTR八CT InChinas present education practicc.incidents of detying studentsstatus as rights subject and of infringing students rights occur frequently.Such incidents occur not only in the domain of static school regulation butalso in the realm of dynamic students administration and of the disciplinaryca1aspunishmentfact ,namely ag wel.Al these incidents result from this radi,not having dealt properly with the issue of students statusrights subject. Theissue of students status as rights subject involves understandingof the esence of the legal relation between school and students . Hereby aretwo diferent types of theories: one is theory of relations of special power inthe sense of public laws while the other is theory of educationalcontracts in educational laws，The two diferent educational legalityconvictions which these two theories stand for are either the doctrines ofestablishing a state勿education and of establishing oneself by education intraditional sense or the doctrine of education human rights in modern sense.These educational legality convictions contain the diferent connotation ofeducational value. It is from this perspective that the disertation begins tostudy. Thedissertation consists of four subsections: The first one defines theconcepts of students rights as wel as incidents of infringing studentsrights and sums up the existing findings; The second one gives a theoreticanalysis on the isue of infringing students rights and interprets the causesof the issue; The third one lists the categories of infringing the studentsrights in the domain of school administration and gives them an analysis oflegal theory; The fourth subsection brings forward the solutions. Keywords: infring rights; status as rights owers; legal relations;relations of special power; relations of educational contracts 学校管理中俊犯学生权利问题的法理学研究 第一章 绪论 1. 1论题的提出 1995年3月18日，八届全国人民代表大会第三次会议审议并通过了 《中华人民共和国教育法》。《教育法》的颁布和实施，标志着我国的教育工作已进入了一个全面“依法治教”的新时期。“依法治教”已逐渐由口号而成观念，进