Analysis Of The Settlement Mechanism For Disputes Of Higher Education

In recent years, with the reform of the mechanism of higher education and enhancement of the legal awareness of college students,disputes of higher education break out frequently and are gradually taken into account by institute in many subjects.This paper will begin with the status quo of higher education disputes,then introduce the typical case occurred domestically in recent years,and classify these disputes which involve academic and professional disputes, clearly reflecting the legal relation in the administration and education services contract disputes.However, it is necessary to analyse the styles of these disputes rationally first if we want to study the dispute settlement mechanism. This paper discusses the legal status of public colleges and universities and gives a rational analysis about the legal relationship and the right (power) between the students and universities.On this account,sums up the reasons why the disputes cause and the practical barriers to the dispute settlement mechanisms at present.Overall there are many disadvantages in the dispute settlement mechanisms at present in our country. Such as colleges and universities chastening students with insufficient evidence and much more arbitrariness,the signs of "rule of man" apparent,lacking of proper due process,and there is no protection when student's rights have been violated after the relief and so on. Although some domestic courts have begun receiving some educational disputes, but most cases are not handled by the courts on the ground of beyond the scope of the courts,and then were rejected, the students had to submit to humiliation.In this paper,after using the dispute settlement mechanism of the United States, Taiwan and other areas for reference, then putting[put] forward the new model of China,mainly about ADR and limited intervention of justice:improve the student complaints system, introduce education arbitration system, establish a review system of educational administration and ensure the judicial relief system. But "University Autonomy" is the tradition of our country for many years, practice at home and abroad proved that it should be respected and retained reasonably. Therefore, the involvement of the judiciary should leave room for university autonomy, which requires both sides to find a balance, To ensure the administration of justice about professional academic disputes which are out of justice's depth,and protect the evaluation effect of the academic authority.