Nature, Principle and Rule of Law Construction of the Right of College Withdrawal

At present, there are roughly three theories about the nature of the punishment right of college withdrawal, namely, the national administrative power theory, the university autonomy right theory and the special power relationship theory. Although the concept of "special power relationship" has not been quoted in the current legal concept in China, the way that universities exercise the right to drop out is largely influenced by the theory in practice. The right to drop out is a kind of compulsory punishment for students, which is the deprivation of the right of identity and the right of education. It should follow the principle of legal reservation and due process, and the examination of the right to drop out from colleges and universities should be examined both in substance and procedure. In judicial practice, the ambiguous nature of the punishment of the right of college withdrawal leads to different judgments in the same case, which undoubtedly affects the fairness and seriousness of the judiciary. In order to fundamentally solve the dispute of the right of withdrawal, we must clarify the nature of the right of withdrawal from colleges and universities, and then improve the basis for the exercise of the right of withdrawal from school. This paper expounds the nature of the right of punishment and the construction of the rule of law