Legal Research On National Student Loan In China

With the reform of tuition fee-charging system in higher education,the expansion of college student's enrollment,and inadequacy of national education investment,poor college students' rights to obtain higher education have suffered challenge.Fortunately,the national student loan emerged to protect those students' rights and realize the social benefit of higher education to make up for market failure in allocating higher education resource.However,the national student loan system concludes many subjects such as governments;organizations undertake loans,universities and students.Therefore,how to explicit these subjects' rights, obligations and liabilities so that the national student loan system can operate smoothly becomes a main problem which this dissertation tries to solve.The whole dissertation is instituted by four parts.The first part is about the emergence and the legal basis of national student loan in China. It introduces mainly the historical background of national student loan,its legal basis: citizens' right of higher education of both in international law and domestic law; government's duty to help citizens realize the right;necessity of harmonious society construction.The second part put emphasis on the development on national student loan.Through the analysis of the files and policies issued by central government and relevant units,as well as the effects they brought in all the periods,this part gives a review of the national student loan from the trial implementation,popularization,confront of setback to the pulicization of a new policy.The third part gives a cause and effect analysis of difficulties in the implementation of national student loan in China.First,there's something wrong in the identification of the nature national student loan.Second,there's absence of government function which,at some extent,lead to failure in assurance of the student' right.Third,there's also other unreasonable factors such as the improper repayment regulation and overload responsibly designed on universities.The forth part is a refection on the enhancement of national student loan system.First, national student loan's administrative character must be clarified.Second,government need further deepen its involvement in the implementation of the policy and undertake the most risk happened in the loans.Last but not least,universities' obligation should be reasonable designed according to the reality.