Expulsion has been a necessary part of student status management for many high schools, and schools can expel students who violate relevant regulations. But in China there is a lack of legal basis for the procedural guarantee in student expulsion, which inevitably leads to inconsistent standards and procedures in different schools. Considering substantive issues, unclear rules about expulsion have led many abused expulsion in practice. High schools can make rules to manage students, but there is no relevant law that whether high schools have the power of dismissing students. And if high schools can dismiss a student, the scope of expulsion matters is another complex problem. Expulsion is most severe and extreme way to punish students. In practice, high schools determine which kind of actions needs to be punished by themselves. The author finds out some students were dismissed because of some small mistakes. This phenomenon violates Proportionality principle, and students’ rights of accepting education are infringed. Besides that, procedures of expulsion in different high schools are different. Some high schools have simplistic procedures when making the decision of expelling or dismissing students, which infringes students’ rights. The author sorts out the management authority of high school by the dual approach of entity and procedure, and puts forward personal thinking about the chaos in practice. In view of the incomplete education laws in China, and the improper regulation and enforcement of ordinary high school sanctions. The author analyzes problems on expulsion in high schools based on real-life cases, and provides advice for this problems.
| Published in | International Journal of Law and Society (Volume 3, Issue 3) |
| DOI | 10.11648/j.ijls.20200303.12 |
| Page(s) | 91-95 |
| Creative Commons |
This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited. |
| Copyright |
Copyright © The Author(s), 2020. Published by Science Publishing Group |
School Roll Management, Legal Retention Principle, Due Process
| [1] | Dai, Guoli, and Ma, Hemin, “The Chaos and Legal Regulations of Dismissing Students from High School,” in Journal of The Chinese Society of Education, vol. 10, pp. 62-67, 2016. |
| [2] | Ye, Aizhen, “Viewing the construction of college examination management system from the disciplinary punishment of examination,” in Examination Research, vol. 4, pp. 3-8, August 2012. |
| [3] | Ma, Huanling, “Disciplinary Disputes of College Students and Their Settlement,” an article for master’s degree, East China Normal University, 2007. |
| [4] | Shen, Suping, “Education Law: Principles, Norms and Applications,” Education Science Press, 2019. |
| [5] | Liu, Wenfeng, “Does the University Have the Right to Set Punishment for Expulsion?” in Higher Education Exploration, vol. 5, pp. 27-30. 2009. |
| [6] | Zhou, Weidong, “Constitutional Review of Mandatory Handling in High School,” Southeast University, 2018. |
| [7] | Liu, Yuanfeng, “Legal issues associated with Expulsion and Advisory Dismissal,” in Lawyer corpus of the 5th China Lawyers Forum, pp. 793-795, 2005. |
| [8] | Xu, Jian, “Discussion on the Legal Nature of Punishment in Higher Education,” in Journal of East China Normal University (Educational Sciences), vol. 2 pp. 32-41, 2020. |
| [9] | Su, Zhong, “Research on the Examination of Illegal Regulations in Colleges and Universities,” in China Education, vol. 8, p23, 2012. |
| [10] | Li, Nairong, “On the Legal Application and Procedural Reflections on Expulsion from Colleges and Universities,” in Contemporary Education Practice and Teaching Research, vol. 9, pp. 102-103, 2014. |
| [11] | Yin, Xiaomin, “Research on the Rule of Law in Higher Education Student Management,” Zhejiang University Press, 2018. |
| [12] | Dai, Guoli, “Legal Control of the Educational Disciplinary Power in Colleges,” in Oriental Law, vol. 2, pp. 129-137, 2019. |
| [13] | Shen, Suping, and Hao, Panpan, “A Review of the Legality and Rationality of the Regulations on Dismissal of Students from Colleges and Universities——Analysis Based on the Regulations of 8 ‘985’ Universities,” in Beijing University Education Review, pp. 53-62 and 188, vol. 15, 2017. |
| [14] | Zhu, Mang, “A Study on the Legal Attribute of College Regulations,” in China Legal Science, vol. 4, pp. 140-159, 2018. |
| [15] | He, Shanping, “Discussion on the Legitimacy of Expulsion,” in Education Science, vol. 2, pp. 42-45, 2003. |
APA Style
Yao Suet Yi Sherry, Zhao Danyang. (2020). Legal Issues Associated with High School Expulsion. International Journal of Law and Society, 3(3), 91-95. https://doi.org/10.11648/j.ijls.20200303.12
ACS Style
Yao Suet Yi Sherry; Zhao Danyang. Legal Issues Associated with High School Expulsion. Int. J. Law Soc. 2020, 3(3), 91-95. doi: 10.11648/j.ijls.20200303.12
AMA Style
Yao Suet Yi Sherry, Zhao Danyang. Legal Issues Associated with High School Expulsion. Int J Law Soc. 2020;3(3):91-95. doi: 10.11648/j.ijls.20200303.12
Share This Article
Twitter
Linked In
Facebook
Copy
Download@article{10.11648/j.ijls.20200303.12,
author = {Yao Suet Yi Sherry and Zhao Danyang},
title = {Legal Issues Associated with High School Expulsion},
journal = {International Journal of Law and Society},
volume = {3},
number = {3},
pages = {91-95},
doi = {10.11648/j.ijls.20200303.12},
url = {https://doi.org/10.11648/j.ijls.20200303.12},
eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20200303.12},
abstract = {Expulsion has been a necessary part of student status management for many high schools, and schools can expel students who violate relevant regulations. But in China there is a lack of legal basis for the procedural guarantee in student expulsion, which inevitably leads to inconsistent standards and procedures in different schools. Considering substantive issues, unclear rules about expulsion have led many abused expulsion in practice. High schools can make rules to manage students, but there is no relevant law that whether high schools have the power of dismissing students. And if high schools can dismiss a student, the scope of expulsion matters is another complex problem. Expulsion is most severe and extreme way to punish students. In practice, high schools determine which kind of actions needs to be punished by themselves. The author finds out some students were dismissed because of some small mistakes. This phenomenon violates Proportionality principle, and students’ rights of accepting education are infringed. Besides that, procedures of expulsion in different high schools are different. Some high schools have simplistic procedures when making the decision of expelling or dismissing students, which infringes students’ rights. The author sorts out the management authority of high school by the dual approach of entity and procedure, and puts forward personal thinking about the chaos in practice. In view of the incomplete education laws in China, and the improper regulation and enforcement of ordinary high school sanctions. The author analyzes problems on expulsion in high schools based on real-life cases, and provides advice for this problems.},
year = {2020}
}
TY - JOUR T1 - Legal Issues Associated with High School Expulsion AU - Yao Suet Yi Sherry AU - Zhao Danyang Y1 - 2020/06/16 PY - 2020 N1 - https://doi.org/10.11648/j.ijls.20200303.12 DO - 10.11648/j.ijls.20200303.12 T2 - International Journal of Law and Society JF - International Journal of Law and Society JO - International Journal of Law and Society SP - 91 EP - 95 PB - Science Publishing Group SN - 2640-1908 UR - https://doi.org/10.11648/j.ijls.20200303.12 AB - Expulsion has been a necessary part of student status management for many high schools, and schools can expel students who violate relevant regulations. But in China there is a lack of legal basis for the procedural guarantee in student expulsion, which inevitably leads to inconsistent standards and procedures in different schools. Considering substantive issues, unclear rules about expulsion have led many abused expulsion in practice. High schools can make rules to manage students, but there is no relevant law that whether high schools have the power of dismissing students. And if high schools can dismiss a student, the scope of expulsion matters is another complex problem. Expulsion is most severe and extreme way to punish students. In practice, high schools determine which kind of actions needs to be punished by themselves. The author finds out some students were dismissed because of some small mistakes. This phenomenon violates Proportionality principle, and students’ rights of accepting education are infringed. Besides that, procedures of expulsion in different high schools are different. Some high schools have simplistic procedures when making the decision of expelling or dismissing students, which infringes students’ rights. The author sorts out the management authority of high school by the dual approach of entity and procedure, and puts forward personal thinking about the chaos in practice. In view of the incomplete education laws in China, and the improper regulation and enforcement of ordinary high school sanctions. The author analyzes problems on expulsion in high schools based on real-life cases, and provides advice for this problems. VL - 3 IS - 3 ER -
Information
Email: