The Research Of Students' Rights Relief System In University

It is a comprehensive law relationship between student and university. This paper analysis theories about law relationship between public university and their students in China and abroad. It was considered that they have special power relationship and external administrative relationship on public law;and also have civil legal relationship and education contract relationship on private law. The author thinks that different legal relationship determines different student rights'relief system. According to university's special legal position and the different legal relation with students, a set of perfect student rights'relief system should be established mutually, in order to reach the purposes of protect the necessary College autonomy administrative power and protect student legal right at last.As a special administrative body, the administrative relation of Student―University belongs to public law. So, if the college's punishment behavior to student concerns to basic right (means basic relationship), such as to dismiss student, reject to award diploma or academic degree etc. together with other behaviors which seriously affects students'basic rights, students can seek all kinds of right relief systems in effect, including administrative litigation; if the punishments that concerns to"unimportance"right (means work relationship), such as warning, notice of criticism, record a demerit etc, then students can get relief through the appeal system in university, judicial examination should not be intervened.As an independent legal individual, if university and their students have civil case, such about students'personal right, property right etc. student can through the law of civil litigation to get relief, judicial examination can use《the general rule of civil law》to adjustment these cases.This thesis considered that the whole student rights'relief system should be fit mutually, including student appeal system, education arbitration system and judicial examination. For the daily management behaviours, which do not concerned with student's identity change, the dispute can be solved by student appeal system; If the punishment concerned with academic management, especially about diploma award etc., they can submit to carry out education arbitration (This right relief system now does not established now, this study is just try to make an explore); if the dispute is concerned with the basic right of student, such as personal right, property right or other punishments which changed student's identity, then students can go for judicial examination to protect their legal right.The purposes of establish student rights'relief system is to protect both students'legal right and the necessary of university autonomy administrative power. Student cannot be of self-expansion when protect their legal right; and university should also managed its works by law. Normalizes the student management work, which is also the inevitable requirement of our law society.