The Legal Reconstruction of Educational Discipline: A 
Balanced Path Between Power Regulation and Rights 
Protection

Shiwei Wang; Zhijian Huo*

doi:10.70711/neet.v3i2.6421

The Legal Reconstruction of Educational Discipline: A Balanced Path Between Power Regulation and Rights Protection

Shiwei Wang, Zhijian Huo*

Abstract

Educational punishment, a key educational management tool, must balance legality and rationality, a long - debated topic in educational law. Current research mainly focuses on primary and secondary schools, neglecting higher education. In practice, higher education faces
issues like abuse of punishment power and inadequate student rights relief, calling for legal reconstruction. From a higher education perspective, this paper analyzes the dual legal nature and practical challenges of educational punishment. Using empirical analysis and domestic and
foreign rule - of - law experiences, it incorporates the proportionality and procedural justice principles. It proposes a power regulation - rights
protection dual - track mechanism to balance punishment power in higher education institutions with students individual rights effectively.

Keywords

Educational Discipline; Rights Protection; Procedural Justice

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References

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DOI: http://dx.doi.org/10.70711/neet.v3i2.6421

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