Studies On The Predicaments And Countermeasures Of The Relieves For University Students' Rights

University students who have triad identities of the national citizen, the educatee and the customer, they enjoy the general rights given to the citizens, the special rights given to the educatee and the basic rights given to the customer of universities. According to the characteristic and content of the rights, their rights can be divided into substantive rights which include the right to choose life style, the right to safeguard themselves and properties, democratic right, education right, and procedural rights that include the right to know, the right to state and defense, the right to hear, the right to appeal, the right to apply to arbitrate and the right to lawsuit. At the same time, the inherent regulations of the rights and the obligations require university students to fulfill the corresponding obligation, too.Before reforming and opening-up, the subject status of the student was often ignored and their due rights were not fully respected and ensured. In recent years, achievements have been made in guaranteeing the university students' rights: students' rights can be abided by the educational legal systems which have shown framework preliminarily, the idea of higher education management begins to convert and the way of managing school by law moves forward constantly. Because the administration of justice has got involved in the education circle, student's right can be relieved. However, for the case of the lack of the spirits of rule of law, the incomplete educational laws and regulations, especially the faultiness in the university management and the absence of students' abilities to safeguard their rights, the students' rights were seldom relieved properly when their rights, even procedural rights had occasionally been infringed by universities while performing management power.In order to realize university students' rights relief, from the microcosmic side: being the possessors of the legal rights and interests and basic subject of safeguarding the rights, university students should maintain their own rights actively by strengthening the learning of law to promote their legal consciousness, forming correct viewpoint of right and obligation, setting up safeguarding students' rights organization, etc. From the macroscopic side, we should seek student's right relief countermeasures through joint efforts taken by country and universities, country should create the environment of safeguarding the rights through developing market economy and modern legal culture, cultivating legal consciousness and strengthening legislation to improve the educational legal system. Being the essential obligation subject of student's right and the main position to safeguard student's right, universities should carry out the policy of supervising the university by law in terms of four aspects: possessing the management idea of managing the school by law, regarding People utmost, making rational management rules in accordance with the law and following the principle of the proper procedure of administration to restrain the university managing power effectively. And also the university should pursue the disclosing student's affairs system, the hearing system and set up pluralistic right relief mechanism ,so as to fulfill students' procedural right.