A Study On The Legal Remedy System For Students' Right To Education

In recent years, the case triggered by disputes between schools and students has brought about many thoughts in the field of theory and practice. Facing to the complicated legal relationship between schools and students, how to create the suitable right relief mechanisms has been an important issue. This paper is mainly on the legal remedies for right to students'education-the important theoretical and practical problems in the education law. The author analyzes the legal relationships between schools and students aiming at the current situation, and attempts to build a set of right relief mechanism. The author hopes that the right relief mechanism can solve disputes between schools and students in time and ensure the healthy development of the cause of education.Compare to traditional legal remedies'theory and institution of rights of person and property rights, the remedies'theory and institution has particularity. Its particularity consists in the special right to education with the nature freedom right and social right concurrently, also in the unusual legal relationship in the right, especial in school-student legal relationship, different from the common social legal relationship. To construct the remedies'theory and institution needs a more systematic and profound theoretical research on the basis of the existing references and finds laws from abundant and complex cases. At last, it needs explore the ways of construction and perfect of our country's legal remedies system for right to educationThe paper is from the perspective to the educational administration disputes, analyzes the right to education definition and its characters, and emphasizes the differences between the students'right to education and the other students'rights. The right to education is citizen's constitutional basic right, it is of freedom and it is of sociability. Secondly, because of the administrative character of the relationship between students and schools, the disputes between students and schools are of administration. Legal relationships of right to education, especially the relationship between students and schools, have direct influence on the legal remedies of this right, both on the remedies'nature and its means. With consideration of educational reform's theory and practice in China, it is raised what is the nature of the right's legal relationship in China and what can be applied as corresponding legal remedies. The education law and the remedies theory and institution for the right in China are still in the elementary stage. On the basis of the comparison and analysis, the special rules that are suitable for China should be raised in order to construct the remedies theory and institution. According to the existing theory, legal resources and practice effect in China, there are several emphasized remedies institutions to be developed and perfected: administrative appellation, administrative reconsideration, and lawsuit. The author gives the new suggestions on the perfect of the student appellation system, on the protection of the detailed Procedural rights to appellation, on the linking administrative reconsideration with other remedies institutions, and on the perfect of the lawsuit. It is the author's main concern, as well as the research's special value.