Acceso usuarios
Pengcheng Zhao, Kun Han
Against the dual backdrop of comprehensively advancing the rule of law in China and modernizing higher education governance, the protection of college students' constitutional rights in China has gradually moved from the "textual declaration" stage to the "practical implementation" stage. As dual subjects of national citizens and recipients of higher education, college students are legally entitled to fundamental constitutional rights such as the right to education, academic freedom, freedom of speech, and dignity of personality. These rights not only represent the core of the modern university spirit but also serve as a crucial criterion for the rule of law in campus governance. However, conflicts between university management practices and students' constitutional rights frequently occur in practice, revealing a disconnect between "right texts" and "governance practices," which is specifically manifested in predicaments such as weak awareness of rights, overreach of administrative power, and failure of relief mechanisms. Based on China's rule of law practice, this paper adopts a combined approach of doctrinal analysis and comparative research, drawing on typical domestic cases and institutional practices of countries including Germany and African nations. From the core perspective of "text-practice" connection, it systematically sorts out the research status of the protection of college students' constitutional rights, deeply analyzes the normative conflicts and implementation obstacles existing in practice, and proposes a trinity-based legal improvement path of "norm-relief-participation." The paper aims to transform college students' constitutional rights from "paper provisions" into "perceivable, claimable, and remediable" practical rights and interests, thereby providing institutional support for the modernization of campus governance.
