The Research On Diversified Solution Mechanism For Our College Academic Dispute

Along with the rapid development in Chinese higher education since the late 1990s, disputes in this field are also increasing. Colleges have constantly been pushed in the dock. Administrative disputes, civil disputes and academic disputes, such as LiuYanwen's suing Peking University, appear in succession. The particularity of academic disputes, which comes from the nature and legal position of the university itself, together with the academic professionalism and complexity, makes them difficult to deal with. Facing this kind of disputes, one party either leaves them unsettled, or sues the university. Since officials in the judicial organs lack academic professional knowledge, the court mostly refuses academic disputes. Academic disputes with same properties may end in different trial results. So compared with administrative disputes and other disputes, what's the particularity of academic disputes? Is it necessary for the judicial review to get involved in university academic disputes? How to coordinate academic freedom and legal administration in the university? Are there any other solutions to academic disputes apart from the judicial review?This paper aims to explore the above-mentioned problems. First of all, based on the fundamental theories of academic disputes and the resolution mechanism, the author proposed his own opinions after analyzing the existing views and facts. And combining with the subjects and behaviors, the author divides university academic disputes into different types. Then, based on reality, this paper consults solutions to the academic disputes in several representative countries, such as Germany, the USA and Taiwan. Next, in combination with the current situation, this paper points out that the present resolution mechanism is simplex and confined. Afterwards, this paper introduces "alternative dispute resolution mechanism" (Alternative Dispute Resolution, referred to as ADR) into dealing with academic disputes after analyzing the effectiveness and limitations of the judicial review. And this thesis puts forward consultation, conciliation, appeal and arbitration systems to solve different types of academic disputes in order to build up a thorough and diversified resolution mechanism.