On The Improvement Of College Students' Appeal System

Along with the development of running state affairs according to law, protecting the lawful rights of students becomes the focal point which the general public pays attention to through legislation and building remedies system. In 1995, the National People's Congress passed Education Law of the People's Republic of China, and it marked the beginning of a new historical period which administered education according to law in our country. It is the first time that Education Law specially uses the law form for stipulating legitimate rights and interests of students, and it stipulates that the students can lodge an appeal for infringing upon their rights and interests. In September of 2005 Management Regulation of Ordinary Colleges and Universities made a public appearance. The Regulation provided more meticulous governing principle and guiding principle for administering students, so it is necessary for the Colleges and Universities to establish student appeal system which comes into effect under new circumstances. The college student appeal system and procedure arise at the historic moment, and this is a peculiar right relief system that is not lawsuit. It is the concretizing of running state affairs according to law in education field, and more it is the confirmation to the right which entrusts to the students by Constitution. But we meet many problems in practice, such as having too many items of declaration in student appeal system, short of unity, not easily being operated, short of the procedure guarantee to right, channel being not clear and unobstructed after appeal. This leads to many difficulties to the function of appeal system in the course, and students' lawful rights and interests can't gain all-side protect, so the aim and purpose of appeal system which is established at first can't be realized. So it is extremely urgent for us to find these problems, think these problems, solve these problems which is in the practice in force of college student appeal system, only from this we can establish and perfect our country's college student appeal system, which will become the effective and fundamental channel to solve the cases which repeatedly occurs between the colleges and students. In recent years colleges were often sued by their students, which reveal sufficiently that judiciary relief is invalid and the appeal system is not unobstructed. The text in accordance with the problems which appears in practice, expounds the writer's fundamental view and method to student appeal system. The text includes three parts: firstly, we narrate the concept and character to college student appeal and the law basis of its' setting in short words. We think that the aim and purpose of this law is an effective system protect to the rights and interests of college students. The second, we find that many problems and shortcomings exist within this system, such as stipulation of procedure is not definition enough, lack of other procedure rights, channel being not clear and unobstructed after appeal. Part 3, our own ideas mainly from the following aspects: the orgnization struture of appeal committee, the range of appeal, the authority of appeal decision, the regulization of appeal procedure and the joinning parts of relief after appeal.