On The Study Of Education Dispute Arbitration System Construction

When the education reform is being carried out further and the education cause is being developed by leaps and bounds, various conflicts and disputes of the education realm are increasing sharply. The legal disputes of the education realm have caused the extensive attention and heated discussion among all levels of society in recent years. In June, 2004 at the national court registered-lawsuit problem conference, the Supreme People's Court pointed out: Seven types of cases such as the rise of the types of new cases and educational disputes, are the most impressive. Because of the serious situation that educational disputes are on the rise and the legal mechanism to solve educational disputes falls short, the solution to educational disputes is an important factor to affect the harmonious and orderly development of education cause, which is the realistic research subject we can't avoid.Because educational law is not a pure administration law, nor the civil law while administration law and civil law have something in common, Therefore, educational legal relation embodies a complex or comprehensive social relation, which embodies the special characteristics and complexity of educational disputes, so both education law and civil law appears weak, lack of aim and effect. In the background of the separation between civil lawsuit and administration lawsuit, the present educational appealing system is not strong enough to work well to solve the educational disputes. Faced with rapid social change, social transformation and the change of education system, the mechanism to solve educational disputes is sure to keep up with the time and theories and system need to be innovated. However, because the theoretical research on the mechanism to solve educational disputes lags behind or falls short and lack of the standardized, procedural, specialized system results in nearly shortage of the laws and system of solving educational dispute mechanism in the education laws and its practice of our country so that countless educational disputes cannot be solved for a long time, which not only seriously restricts the healthy development of educational cause, but also wastes a large number of social resources. So, it is especially necessary and urgent to construct and introduce educational dispute arbitration system as the standardized, procedural, specialized important mechanism to solve educational disputes.In "the opinion concerning strengthening educational enforcing laws & inspection trial work", announced by the previous national Education Committee in 1995, it was clearly stated that educational disputes arbitration system would be established. In 1996, the previous national Education Committee once formed a panel to do research on the subject concerning educational dispute arbitration to plan to draft an initial research report on the educational dispute arbitration regulations of the People's Republic of China, but it failed for some reasons . In 2000, "Student Behavior Self-discipline Arbitration" was established in Senior middle school of Shenzhen City. In...