Volume 3, Issue 3, September 2020, Page: 91-95
Legal Issues Associated with High School Expulsion
Yao Suet Yi Sherry, High School, Guangdong Country Garden School, Guangzhou, Guangdong, China
Zhao Danyang, Law School, South China Normal University, Guangzhou, Guangdong, China
Received: Apr. 23, 2020;       Accepted: Jun. 4, 2020;       Published: Jun. 16, 2020
DOI: 10.11648/j.ijls.20200303.12      View  41      Downloads  27
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.
Keywords
School Roll Management, Legal Retention Principle, Due Process
To cite this article
Yao Suet Yi Sherry, Zhao Danyang, Legal Issues Associated with High School Expulsion, International Journal of Law and Society. Vol. 3, No. 3, 2020, pp. 91-95. doi: 10.11648/j.ijls.20200303.12
Copyright
Copyright © 2020 Authors retain the copyright of this article.
This article is an open access article distributed under the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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