University Student Disciplinary Dispute Resolution Mechanism

Disciplining students, widely involving in such students' rights and interests as identity, reputation, property and the educational opportunities, is the university management behaviour which arises the most disputes and attract the most attentions of society. In recent years, There has been an obvious increase in the number of disciplinary dispute between colleges and students. The exposure of the Tianyong's lawsuit against Beijing University of Science & Technology and Liuyanwen's lawsuit against Beijing University open the door for dealing with the disciplinary dispute. However, with more and more discipline dispute, the way of administrative litigation is limited and obstructive. The lack of efficient solution to relieve this problem and the high cost of Rights Protection ask people to set up an efficient and convenient system to solve the dispute. Basic idea of the is article is to analyse the type and legal nature of disciplinary dispute from the Illustrated concept and the definition, along the main line of disciplining students by colleges and to study further to set up a diversifying dispute settlement mechanism.The whole article is composed of four sections.The first section is an introduction to the current situation of disciplinary dispute between colleges and students in order to explain the significance of the topic. The article also analyses the correlation study up to now in this field as reference.The second section is a general overview of disciplinary dispute. Depend on the type of the dispute between colleges and students, the article discusses the illustrated concept and definition of disciplinary dispute and classify it with the standard of the dispute's character, form and time. At the same time, study is processing on the such relative questions such as college's legal status and attribute of right as well as the legal nexus between colleges and students.The third section is mainly to analyse the current situation. From the relevant legal regulations of P.R.China and their practice, this article analyses the current situation to solve the dispute and dissect the problem in it.The final section is analysing the system construction, which is the important oe of this article. The thought from Alternative Dispute Resolution in the field of common pleas is learned to set up a diversifying dispute settlement mechanism to perfect the inner settlement of disciplinary disputes between colleges and students which focus on the student's appealing system. Moreover the article aims to clearly divide the pleading and administrative reexamination and set up an extramural settlement mechanism which give priority to the judicial review.