News

Recently, a university in Guangzhou issued a notice stating that a student retrieved their electric bike, which had been confiscated for rule violations. This action was considered theft and the student received a severe warning as punishment. While many are concerned about the reasonableness of the punishment and its outcome, what draws more attention from netizens is how to better safeguard students' legal rights while maintaining campus order.

In response, Senior Partner Lawyer Xu Fadong from JAVY Law Firm was interviewed by CCTV Net to provide expert analysis on such issues.

As Mr. Xu pointed out, the school security office is an administrative department within higher education institutions responsible for campus security. Despite its role in daily campus safety, it lacks legal authority as an enforcement agency and does not have the statutory duty or legal authorization to confiscate students' electric bikes. Therefore, their confiscation actions are legally ineffective. Moreover, students have property rights over electric bikes they purchase with their own money. According to provisions in the Civil Code, property rights encompass possession, use, income, and disposal, constituting absolute rights. No person, organization, or institution can deprive the owner of property rights without legal justification. The school's characterization of the student's action as theft lacks any legal basis.

During their tenure as students, disciplinary actions may affect their academic records and have adverse implications for future employment prospects, potentially compromising their reputational rights. Furthermore, the school's disciplinary action is inaccurately categorized, reflecting inadequate awareness of relevant legal regulations and weak legal consciousness. The school's intent to regulate or restrict the use of personal transportation tools on campus for the sake of students' daily study and safety is commendable. However, implementation must comply with legal standards and regulations, respecting students' basic rights and legitimate demands. Particularly in matters concerning the deprivation or restriction of specific rights, caution must be exercised to avoid illegality. It is essential to balance the interests of students and the school, effectively addressing issues related to the protection and safeguarding of students' fundamental rights and lawful interests.