Study On Judicial Review Involved In Management Disputes Of The College Students

In reeent years, with the rapid development of modernization in law and the rights awareness of the people in our country, the disputes of edueational administration of students has been etnerged in university. Comprehensive and study on college students manage disputes on this issue in-depth, colleges and universities for students to improve the management of the dispute settlement mechanism, the management of students from the settlement of disputes in the process of the plight of college students in China to promote the management mechanism and gradually improve, and promote new comprehensive higher education form, as well as building a harmonious society, have an important theoretical value and practical significance.This article has been on the basis of the related research results, the focus on the following questions:First, the legal status of colleges and universities and the relationship between colleges students and the legal. In particular, this article from the administrative law and civil law point of view of the two studies, we can choose three aspects analysis on the legal status of colleges and universities the were shown as the main executive, college students has three types of legal relations: power relations in particular, the useer of public service and corporate relations, the relationship between civil law.Second, the necessity and feasibility analysis of judicial review of the college students involved in the management dispute. The reason is that disputes arising due to college students for the school management and unreasonable punishment, and calls for change have been unsuccessful, to the judicial proceedings. Now survey conducted by the judicial review of the college students involved in the management of the dispute is inevitable that the traditional powers of the theory of the special relationship is out-dated, higher education and so on the special nature of the dispute. This shows that colleges and universities to become the main administrative proceedings, judicial review would be involved in the management of college students is feasiblly. Third, judicial review of the college students involved in the management of the convenience and problems of the analysis dispute. Judicial review of the college students involved in a dispute about the management of colleges and universities and students to have an important role in protect the rights and interests of students .At the same time, students in colleges and universities to bring conveniences and problems : the destruction of institutions of higher learning educational autonomy and academic freedom, waste students' time and money.Fourth, judicial review of the college students involved in the management of the border dispute analysis. As some scholars believe that colleges and universities for students with behavior management of non-actionable, to be out of the misunderstanding,It is appropriate for judicial power to intervene in the Administrative Litigation concerning universities with help of the "importance theory, Inaddition, the judicials pecial rules on such disputes should be built up from proeeeding and substance aspects.