Preliminary Study On Construction Of Educational Court System In China

The particularity of educational dispute case decides diversified solutions.But the existing settlement mechanism of educational dispute has three serious flaws: settlement procedures in non-standard,solution injustice and limited capacity.It is inevitable to look for the breakthrough in our country's construction of educational legal system.So,the purpose of establishment of educational court system is that linking up with the existing settlement mechanism of educational dispute,standardizing the procedures,correcting injustice,enhancing ability of solving educational dispute,and perfecting education relief system.First,the thesis analyses the meaning, characteristics and type of education dispute,and several major educational legal relationships.Then sums up the existing settlement mechanism of educational dispute in China,emphasizes to discuss their drawbacks in order to introduce the new settlement mechanism of educational dispute. Then,emphasizes that educational court is the internal organization of people's court first,the thesis general introduces the existing people's court system in China.Then analyses the necessary and feasibility of educational court introduction. Finally focused on how to set up the educational court system.The writer believes that it is necessary and feasible to set up the educational court system in China,and analyses six aspects:the characteristics of educational dispute case,the particularity of dealing with educational dispute case,the efficiency and authority of judicial decisions,the growing trend of education legal system,the theoretical support of educational court system,and the practical experience that have already been obtained.Based on the conceiving that educational court is the internal organization of people's court,the writer consider that there are some differences between educational court and general court's constructions. Through different points,the thesis discusses four aspects of educational court system's establishment:value orientation,basic principles,litigation mode choosing and operation guarantee:In the constructing and operating process of educational court,we should always carry out the basic philosophy of judicial justice,respecting for educational law, protecting the basic concept of the citizen's right.Taking substantive examination, independent examination, litigation assistance, procedures with closed door as the unique principles.Choosing the harmonious litigation mode to carry on the concrete operation in order to ensure educational court operating normally and high efficiently. Finally,the thesis analyses the specific measures of protecting the educational court operating normally,realizing its value in four aspects:legal protection,dealing with the relationship between educational court system and other settlement mechanisms of educational dispute,the ensuring of organization's setting up and litigation procedure.