Text/Chen Yong
On September 23, the matter of "three students of Fudan University being expelled from prostitution outside the school" attracted the attention of netizens.
According to Fudan University's "Disciplinary Decision Letter", on September 26, 2020, a doctoral student majoring in physics was sentenced to an administrative punishment of "three days of administrative detention" by the Huangpu Branch of the Shanghai Municipal Public Security Bureau for prostitution outside the school; on September 7, 2020 and January 13, 2021, two master's students majoring in business administration from the School of Management and Oceanwide Finance College of the university were also given administrative penalties of "ten days of administrative detention" for prostitution outside the school. In accordance with the provisions of Article 40 of the Regulations on Disciplinary Punishment of Students of Fudan University, after deliberation at the President's Working Meeting on September 6, 2021, it was decided to give three students the punishment of expulsion.
However, the author's inquiry found that the Regulations on Disciplinary Punishment of Students of Fudan University formulated on August 29, 2005, on the basis of the higher-level law, the "Regulations on the Management of Students in Ordinary Colleges and Universities", were revised and approved by the 49th Ministerial Working Meeting of the Ministry of Education on December 16, 2016, and came into force on September 1, 2017, and the school did not amend it in a timely manner in accordance with the higher-level law.
So, let's see, is it appropriate to use the twelve-year-old punishment regulations that have not been revised to expel college students who are engaged in prostitution.
Article 52 of the "Regulations on the Management of Students in Ordinary Colleges and Universities" of the Ministry of Education stipulates that in any of the following circumstances, the school may be expelled from the school: (3) Those who are punished by the administration of public security, the circumstances are serious and the nature is heinous; at the same time, article 54 stipulates that when a school gives a punishment to a student, it shall adhere to the combination of education and punishment, which is commensurate with the nature of the student's violation of law and discipline and the severity of the fault. Schools' punishment of students shall ensure that the evidence is sufficient, the basis is clear, the characterization is accurate, the procedures are proper, and the punishment is appropriate. Article 56 stipulates that where a student is disqualified from admission, disqualified, withdrawn, expelled from school, or otherwise decides on the handling or punishment of students' major interests, it shall be submitted to the president's office or a special meeting authorized by the president for study and decision, and shall be reviewed in advance for legality.
Look at the provisions of the Regulations on Disciplinary Punishment of Students of Fudan University formulated in 2005. Article 15 stipulates that those who violate social morality and affect the school spirit shall be punished in accordance with the following provisions: (4) Those who have engaged in unmarried sexual acts during the school period shall be given a punishment of warning or above according to the circumstances; those who participate in prostitution or prostitution shall be expelled from school.
The Ministry of Education's superior law says that "expulsion may be given" and two major conditions need to be met, in addition to "being punished by the administration of public security", it is also necessary to meet "serious circumstances and bad nature", these two conditions are indispensable, and the punishment is "yes", not "must" expulsion from school.
"Three days of administrative detention" and "ten days of administrative detention" are not the most qualified punishments for public security detention in the Administrative Punishment Law, nor do they meet the full necessary conditions of article 52 of the Provisions on the Management of Students in Ordinary Colleges and Universities, which are "serious and of a bad nature" and "commensurate with the nature of students' violations of law and discipline and the severity of their faults."
It has been nearly 12 years since the Ministry of Education's superior law was formulated and came into effect, but Fudan University, as a university directly under the Ministry of Education, has been indifferent. Is it appropriate to use the disciplinary regulations that lag twelve years to expel the state from training one doctoral student and two master's students, which has spent a lot of human, material and financial resources? Does it meet the requirements of Article 56 of the Provisions on the Management of Students in Ordinary Colleges and Universities that "a legality review shall be conducted in advance"?
According to the data: "Fudan University Law School was founded in 1929 and is one of the subordinate departments of Fudan University. In the glorious history of more than 90 years, jurists have been brilliantly starred, and famous jurists such as Wang Zhonghui, Zhang Zhirang, Mei Ruzhang, and Yang Zhaolong have all taught in Fudan. Nowadays, Fudan Law School has developed into an important legal talent training base and scientific research center in East China and even the whole country. It has a doctoral program in the first-level discipline of law and a master's program in the first-level discipline of law. ”
It is recommended that the school promptly revise the "Regulations on Disciplinary Punishment of Students of Fudan University" in accordance with the higher-level law, let the legal experts take the pass, and re-make prudent and appropriate punishments for students in accordance with the higher-level law.