Journal of East China Normal University(Educational Sciences) ›› 2020, Vol. 38 ›› Issue (3): 16-24.doi: 10.16382/j.cnki.1000-5560.2020.03.002

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Reconstruction of the Jurisprudence of Student Discipline

Guan Hua   

  1. Schoo of Administrative Law, Northwest University of Political Science and Law, Xi'an 710122, China
  • Published:2020-03-11

Abstract: The legislation of students discipline is coming, however its jurisprudence needs to be reassessed. Theoretical paradigm should be based on Chinese education legislation, justice and administration. As the mainstream paradigm of state power expands, it faces difficulties and the paradigm of society power can offer further explanation more. The power of discipline is not from the policy of state developing education in Article 19 of the Chinese Constitution but from the right to education in Article 46 and the right of special protection in Article 49.

Key words: education discipline power, state power on education, society power on education, right to education, right to protection