Research On Legal Relationship Between Students And Universities

With the increasing numbers of indictment cases between students and universities, the legal relations of them has been attached more importance. In China, there are no definite definitions about the legal relation between students and universities in currently used educational laws and statutes. Meanwhile, the researchers haven't reached a consensus, and no essential breakthrough has so far been seen on this problem yet. As a result, the ambiguity of this legal relation becomes an insurmountable obstacle of judicially solving students-universities dissensions, which not only goes against the maintenance of college students' legal rights, but also influences the normal management activities of the universities.This paper expatiates the state of the art of the legal relation between students and universities, analyzes the limitations,theoretical disputes and practical imbalances in the legislation of the students-universities legal relation, and compares the students-universities legal relation theories in America, German and Japan.From the comparison and analysis, we borrow the experience from foreign counties, combine with the practical situations in China, and analyze in depth the three features of the students-universities legal relations in our countries, which are constitutional legal relation, administrative legal relation and civil legal relation. We propose the contents of the students-universities legal relation-the rights of universities over students: the right of recruiting students, the right of managing student status, the right of awarding the diplomas, the right of managing documents, the right of rewarding and punishment, the right of managing specialized knowledge, the right of managing public properties; The obligations of the universities over students: the obligation of organizing education, the obligation of legally managing, the obligation of legally awarding diplomas and degree certificates, the obligation of maintaining campus orders and organizing extracurricular activities, the procedural obligation related to the rewarding and punishment. The right of students over universities: the right of being educated, the right of study freely, the right of participating in the university management, the right of appeal, the right of prosecuting, the right of material help, the personnel right, the right of obtaining the qualifications, the right of wealth, the right to know and the right of hearing; The obligations of students to universities: complying with the constitution, complying with the disciplines in universities, completing the nominated school work, paying for the tuition fee and other related fees, fulfilling the obligations of obtaining the study loan and scholarship, and fulfilling other obligations prescribed by laws and statutes.In the end of this paper, we put forward the idea of constructing the mechanism of students-universities conflict resolution from two main aspects of prevention and resolution: On the one hand, we should take measures to perfect the educational legislation, manage universities legally and standardize management, encourage students to participate in the university management, and improve the prevention of students-universities dissensions. On the other hand, we should constitute consummate mechanisms of student rights and almsgiving, including the students appealing mechanism and the educational arbitrage mechanism, to protect the legal rights of students.