Research On Multiple Resolution Mechanism Of Educational Management Disputes Between Universities And Students In China

Educational management disputes between universities and students is a confrontation or inordinacy state, which is caused by conflict of students'right to education and university management,or the rights and obligations are blurry and need the third-party involvement to look for solutions, the disputes occurred in the relations of educational management between universities and students.Two kinds of representation of educational management disputes in China are students'violation disputes and academic degree management disputes. These fit alternative methods of dispute solution due to their differences in causes and distinctions. At the present time, there are student grievance, administrative reconsideration and administrative litigation to choose from, but all of them have problems, the solution of educational management disputes is in hot water. This bring on law status of universities inexplicit and the lack of legislative guarantee for present dispute resolution .For this reason, integration and innovation of resolution of educational management disputes are urgent, it is an inevitable choice to construct the multiple resolution system for educational management disputes.On the basic of such situations, the social foundation, support ideas and reference of the Foreign Experience are described, to demonstrate the feasibility of constructing multiple resolution mechanism of educational management disputes. Based on this, a design is put forward about the construction of multiple resolution mechanism to educational management disputes and the principles to be followed, there are principles of dealing with classification, due process, preference to ADR and judicial final deciding. Concrete paths of include to perfect student grievance, to promote education compromise, to build education arbitration system and obtain judicial examination mechanism. Furthermore, it should be noted that connection and coordinate between mechanism, and then makes them come into a system, which has closed connection and complementary function.