Journal of East China Normal University(Educational Sciences) ›› 2020, Vol. 38 ›› Issue (3): 32-41.doi: 10.16382/j.cnki.1000-5560.2020.03.004

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Legal Nature of Educational Discipline in Universities

Xu Jian   

  1. Law School, Shanghai University of Finance and Economics, Shanghai 200433, China
  • Published:2020-03-11

Abstract: The discipline is a blamable punishment for a person within a special status relationship. It can be divided into social punishment, administrative punishment, and disciplinary measures. In civil law countries, public universities are positioned as public installations or public corporations. Therefore, educational discipline is characterized as a disciplinary measure. In China, education law legislation positions universities as social subjects. So, in judicial practice, educational discipline is characterized as an administrative penalty authorized by law for universities. However, it cannot be explained why education punishment other than expulsion from school is not within the scope of administrative litigation. Educational discipline in universities should be classified as a (similar to) corporate punishment. The state can regulate the education discipline of colleges and universities through interventional legislation of severe discipline and prohibition of improper discipline.

Key words: colleges and universities, educational discipline, legal nature, similar to corporal punishment