On The Appealing System Of China Institution Of Higher Learning

With the progress of the rule of laws and the increasing rights awareness among the students in high learning institutes, it is imperative to administrate students-related affairs within the frameworks of laws. Consequently a ministerial ordinance, titled as"Students-Related Affairs Management Rules", was issued on the 1th/September/2005 by the National Education Ministry, all high learning institutes are required to set up a Students Grievance Committee to deal with cases lodged by the students. In the same year, by the Ministry's another ordinance"Opinions of Comprehensive Regulations on Implementation of Higher Learning Institutes'Administration by the Laws"was implemented by the National Education Ministry .The Ministry and the provincial education departments are thus required under this directive to enhance the students'rights protection and improve the management of studentship. Meanwhile, the education authorities are required to regulate the procedures for students to file their grievances and supervise the institutes to establish proper organizations and mechanism to address such complaints to ensure each lodged case can be promptly handled in the ways stipulated by the relevant laws. The above-mentioned ordinance forms the principles and institutional foundation by which the students'grievance handling system can be established. Students grievance lodging system is not only a significant part in the government's effort to rule the high learning institutes affairs by the laws, but also a very important way to protect the legal rights of the students and to administer legal relief to students in such needs. Definitive elements, such as the subject, scope of complains, time limit for case lodging, jurisdiction, procedures, and methods of grievance handling, are all incorporated into the latter directive. However, certain problems have been observed in the operation of this ordinance because complete and concrete rules for operational purposes are still to be further developed.Solution to these problems requires a clear definition of the grievance lodging system and its unique characteristics should also be discussed, as well as that a close review of the fundamental theories relating to the system itself, the ideas of high learning institute's self governance and students-oriented education system is called for to establish a well deserved status for this students grievance lodging system as a right relief for the students'legal rights of access to education. Secondly through a comprehensive analysis of the current pertaining laws and regulations, the author summarizes problems the system currently has and discusses the their causes. Finally as a solution to these problems, this paper establishes a unique and new theory as guidance to the establishment of more effective students lodging system. Specific areas, including the boundary of the grievances, organizations to accept these complaints, procedures, and set-up of post-lodging assistance channels, are covered this paper.