Research On Administrative Relief Of The Rights To Education In Pubic College

In recent years, disputes of the rights to education in pubic college become more and more common into judicial field, causing the attention of public and media. Typically examples are lawsuit between TianYong and Beijing science and Technology University and lawsuit between LiuYanWen and Beijing University. All these suits make the problem of the rights to education in pubic college come to the fore; moreover, confuse those colleges which regard themselves as the owner of subjective management right. In the face of these cases some courts do not accept cases as these case doesn't belongs to their scope, some court shall not accept as there is no legal basis to reject the lawsuit, the judicial practice are not uniform. Initiated a college education scholars about the study enthusiasm, legal and education for college students all education has done a lot of research also have made great achievements, but the right of receiving education on college students from his definition of each scholar research Angle give his views on college students' education, so the definition of academia and all is ling without form a unified view, for public university students' education also is such. The author in earnest reading based on the former research, considered public education for college students is public college students enjoy the higher education, namely public college students have required the state, society, education administrative departments and public universities and colleges accept higher education for them to provide the conditions for their higher education, for the realization for certain behavior or not the right. This paper studies the public college students' education administrative remedy mechanism, the article is divided into four parts:The first part is summary of the rights to education in pubic college students, mainly includes the concept, content and properties of understanding. Public education for college students from the concept of education concept implied and come, so this article first expounds the right of receiving education predecessors to some of the concept of a definition. Public college students'education of specific content including equal right to education, and the entrance by identity right, learning liberty, education teaching activities to participate in, to get a fair appraisal power, find graduation, degree certificate authority, legal relief aid from power, right, the right to school fees, obtain employment guidance and services to other related rights right. The author in reading based on the former research summarizes our public college education has its unique properties such as limitation and equality and fairness, occasions, freedom and sociality, the obligatory rights, individual rights of sexual and social public benefits.The second part focuses on analyzing the phenomena of the aggrieved rights to pubic education in public college education and the reason and find out the subject of aggrieved rights. In practice we college students of public education, right of equality entrance by identity right, fair appraisal power, find graduation and degree certificate authority, right, legal relief aid from some of the right to education of the very easily by rights had been violated. And we college students by education infringed the subject of these two kinds; one kind is the education administrative departments and administrative organs, the second kind is the obligations in public universities and colleges. We college students' education are infringed upon main reason is the lack of legislation, public universities management system flaw and managers legal consciousness, public education of college students, the lack of procedural rights to education rights for college students, the weak consciousness of college students and the ignorance to right of maintenance ways.The third part describes present situation and ways of administrative relief mainly describes the appeal system, administrative reconsideration system and administrative litigation system in legal provisions, in practice the situation and he implemented deficiencies. Due to the provisions of the laws and systems such as not perfect, the legal nature of appeal, appeal no provisions; how the effect after? Because law of administrative organs, too general with university's power division of labor and authority of the supervision of college power operation lack of a more concrete standard, administrative reconsideration maneuverability is also very poor; There is no provision the legal education can be integrated into litigation the scope, therefore in the judicial practice with the result of the court to widely divergent, legislation not clear led directly to judicial practice not unified, and so in practice this few relief approaches are lack of strong operability.The fourth part is the maturity to relief administrative, referred to the third part put proposals consummate administrative remedy mechanism. The most important is to make clear the legal nature, establish efficient and feasible appeal institution, don't let the formalism of appeal; Meanwhile improve our public college education administrative remedy mechanism by the most fundamental is perfect, fill the blank of the legislation law education, we clearly into administrative review and administrative litigation of specific category, let us public prosecution is according to college students may also put an end to the judicial practice not to be unified. Lose the right by education that lost improve myself and promotion and so on opportunity, these are irreparable damage, so building effective education administrative compensation system to compensate us for the public university students' these indirect loss is reasonable and necessary, should according to the wage level, at the same degree, personnel factors such as the income to establish compensation amount to education compensation.