Study Of University Teachers The Right To Administrative Law Remedies

Rudolf·von·Ling , the famous Germany jurist of the 19th ,wrote in his masterpiece -The struggle for the rights that : Regardless of the rights of the individual or the rights of the nation, all the rights are being faced the danger of harmed or inhibited. It is the obligation of rights ownerthemselves for they struggling for the rights and it is the obligation of the society for they asserting the rights. [1] From ancient times, China has always attached importance to the power but neglect of the rights. Nowadays, the rule of law has constantly moving forward, under a construction of a harmonious socialist society, the people-oriented, attention to the all-round development, and great importance to human rights protection has become the main theme of the times.Colleges and universities autonomy is the core and support points of the modern university system, but it must be conducted within the framework of the rule of law. Colleges and universities emphasize the rules of law to regulate the management, to realize the law-based school administration, science-based school administration, democracy-based school administration, restrict power and protect rights, However, teacher as the important subject of colleges and universities [2], their awareness of the rights need to get raised, and their rights has not been widespread concern yet, it is difficult to effectively maintain. The identity of teachers and their legal status and the nature of the connotation of rights, the difference between academic power and the limits of executive power and other issues, the academic world have not been reunified, and affect the ways and means of relief.Under the current legal system, universities teachers have four ways in right relief as constitutional relief, civil relief, administrative relief and criminal relief. This article is concerned about the administrative legal relief that has many problems in real life, do research about full realization and operational research of the way of relief, analysis of the deficiencies in current system , put suggestions to improve the administrative law of the relief . The author believes that any dispute resolution methods are both advantages and disadvantages, just a single way of relief cannot meet needs of society and the interests of the university teachers , so it' s necessary to expand channels of relief and give the subject more chance to choose. The management of colleges and universities has strong academic specialization and democratic autonomy; it is not suitable to put all disputes to the judicial office to review, educational administration appeal is the only way as non-litigation relief for teachers to complain. Although education arbitration has administrative rules, it' s difficult to put hands on yet, and administrative review also has subject to some restrictions as the scope of the case.. As a result, non-litigation dispute resolution mechanism system should be built ,which consist of administrative mediation system, administrative appeals system, administrative arbitration (or ruling) system and administrative reconsideration system , and coordination with each other proceedings. From their own practical interests, teachers can reasonably choose the way to solve the disputes, in accordance with the cost relief, relief result, as well as the trust on the adjudication organization and so on. Administrative mediation ,administrative appeals, administrative arbitration (or decision), administrative review the four alternative dispute resolution need reasonable convergence, and play their role in filtering through the system. through reasonable arrangements for the submission to make sure disputes to be resolved before refer to court, in order to effectively saving judicial resources. To expand the scope of the case in the administrative proceedings, and to protect the rights of universities teachers to be more neutral, impartial and rigorous.in order to achieve effective supervision of the executive power , and to safeguard the legitimate rights and interests of teachers .To sum up, to resolve of rights of teachers should be non-executive action-oriented, at the same time take action and judgment as final guarantee.