A graduate student from a university was investigated for soliciting prostitution and the public security organs imposed three days of administrative detention. The school learned that he was expelled on the grounds of violating school rules and regulations. The student was dissatisfied and believed that the school had "no basis for expulsion and should be revoked" and sued the school.
Yesterday, the first-instance judgment was issued: school procedures comply with regulations, respect the autonomy of college education, and there is no improper punishment for the school. All parties' claims were rejected. After the verdict of
was exposed, public opinion was divided into two equally popular factions: one supported students, believing that the school punished too much; the other supported schools, believing that prostitution should not be tolerated.
Not to mention ordinary netizens, professional legal professionals cannot unify their opinions on this issue - whether they support schools or students, they can find legal basis.
In the first instance trial, the student's lawyer believed that the discipline management regulations formulated by the school themselves should not conflict with the superior law, otherwise they will be invalid.
As a superior law, Article 52 of the "Regulations on the Management of Students in Ordinary Higher Education Institutions" stipulates that students are subject to public security management punishment. If the circumstances are serious and the nature is bad, the school may expel the school.
This means that the premise for schools to use expulsion power is "serious circumstances and bad nature."
The "Public Security Administration Punishment Law" stipulates prostitution in Article 66. "If the circumstances are minor, the detention shall be imposed for not more than 5 days or a fine of not more than 500 yuan." The student was only imposed for administrative detention for on 3 days. It can be seen that the police determined that his behavior was a situation with a minority, which was far from the point of "serious circumstances and bad nature".
The attorney believes that the school’s disciplinary basis is the article “If you engage in prostitution, solicit prostitution, or organize, force, lure, tolerate, or introduce others to prostitution, you will be expelled from the school” in the disciplinary punishment regulations for students. Such provisions are obviously inconsistent with the regulations of the Ministry of Education and should be invalid.
people who support schools can also find many legal basis.
Article 27 of the "Regulations on the Management of Graduate Student Academic Registrations": If a graduate student is in any of the following circumstances, the training unit may order him to drop out of school or expel him at his discretion: (1) Alcoholism, gambling, fighting, and fighting, serious circumstances, bad conduct, and morally corrupt;... (7) Violating other disciplines of the training unit and serious circumstances.
Although the regulation was promulgated in 1995, it has not been declared invalid.
Sorrowing prostitution is undoubtedly an act of "bad character and corrupt morality". The article "For those who violate other disciplines of the training unit and those who are serious in the circumstances" also gives universities the right to formulate disciplines and make expulsion decisions.
In addition, the " Higher Education Law " clearly states that universities enjoy the autonomy of running schools in the general provisions, and Article 41 clearly stipulates that the principals of higher education institutions have the right to manage students' academic records and implement rewards or punishments. The expulsion of is of course also a punishment, but it is just the most serious one.
Some people also believe that as a holy place for teaching and educating people, students should focus on education and rescue after making mistakes.
But this student has reached the postgraduate stage. According to the current academic system arrangement in our country, he is at least twenty-two or twenty-three years old. If you hadn't chosen to continue studying, there would be many people who started a family and a career at this age.
Unlike minors with immature mental health, people who are receiving higher education should have the ability to distinguish right from wrong and self-control. They violate the law, not because they don’t understand the law, but because they understand, but they don’t want to keep it.
For such a person, he should respect his independent personality and behavioral choices - believe that prostitution is his decision after rational thinking, and believe that he can be responsible for the consequences of this behavior.
What's more, this student made no ordinary mistake, but illegal.
Law is the minimum morality.
People who cannot be bound by moral precepts, school discipline, and law have a worrying sense of rules. Such a person, even if he is talented and knowledgeable, will only be a learned scum. There has always been a saying in the market that people who are not as good as morals are, the more terrifying the greater their energy.
Of course, it is also an illegal act, and there are differences in nature and degree. Different schools have different cultural temperaments and the handling of the same illegal behavior is also different. Generally, schools will not have a one-size-fits-all approach, but will only take out several particularly despicable behaviors separately and place them in the ranks of those who must be expelled.
"Don't say that you are not prepared" - At the beginning of admission, this school had already emphasized in the discipline regulations that those who solicit prostitutes were expelled. Nowadays, schools strictly investigate and handle school rules and regulations. On the one hand, they are to safeguard the reputation and dignity of the school, and on the other hand, they are also to tell students: be a person first, then do academic research.
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