The Research On Approaches Of College Stuednts' Right Relief

This paper first analyzes the evolution and the status quo of the legal relation between universities and students, pointing out that between them there is, in public law, special power relation and external administrative legal relation, and in private law, civil legal relation and academic management relation, by means of reviewing the theories on legal relation between universities and students both at home and abroad. Through analysis of the theories, system, and status quo of practice, this paper clarifies the theoretical transformation, blind spots in the system, and practice difficulties of college students'right relief, and analyzes different students'relief systems which depend on different legal relation between universities and students.Subsequently, the paper focus on the research on the relief of the administration management relation between universities and students, setting aside the civil legal relation which has distinct relief means currently, as well as the academic autonomy of the university, namely, academic management relation which has clear relief theory. The research indicates that the realization of such right relief of college students should start from the improvement of system, that is to say, we should build both internal and external relief channels, and seek a conditional system breakthrough on the basis of improvement of the existing relief system.Approaches of college students'right relief are discussed systematically in this paper through progressively studying the school appeal system, educational administrative reconsideration system, and educational administrative litigation system. Exploration of the specific procedures, scope, and principles of different implementation procedures of various relief approaches is of positive significance to the practice in colleges and universities, especially when the current laws and regulations are only in principle, and lack specific provisions.