Study On Protection Of The Degree Applicants’ Right Of Complaint

Accompanied by the continuous improvement of education legal system in China,the vulnerable degree applicants’ legal consciousness and awareness of rights are alsogrowing. When their rights had been violated, they have begun using law as a weaponto proactively safeguard their legitimate rights. The cases of Yong Tian and YanwenLiu are typical representative of the applicants assert their legitimate rights. But thelack of the education of legal system made them no way to safeguard their rights.When degree applicants’ substantive right to get degree certificate has been violated,there is no corresponding procedural rights like the right of complaint to help them toget their rights recovered or remedied. And if their right of complaint has beenviolated, there are no substantive or procedural rule to remedy either. Therefore it isnecessary to study the way to protect degree applicants’ right of complaint to keep thelegal rights the degree applicants away from being violated.There are four parts to study the mechanism of protecting degree applicants’ rightto complain.The first part, the essential study of degree applicants’ right to complain, mainlyaddresses the concept, source, content and when to exercise the degree applicants’right to complain, and the legal relationship of the subjects of the right. The above isthe foundation, premise and basis of the complaint system, even complaint-relatedlaws.The second part, the study on the perfect complaint systems of students incontinental and common law systems, has chosen two universities in the countries orareas continental or common law system, whose education legal system andmanagement are perfect, to analyze for the purpose of protecting the degreeapplicants’ rights of our country.The third part, the study on the status of protecting the degree applicants’ right tocomplain, mainly analyzes the status of protecting the degree applicants’ right tocomplain in China.The fourth part, the study on the way to protect degree applicants’ complaint right.On the basis of the study above, to protect the degree applicants’ right to complain effectively, we must improve both the degree applicants’ complaint system and theway to remedy degree applicants’ complaint right.The whole mechanism of protecting degree applicants’ right to complain is basedon the essential study of degree applicants’ right to complain, building a perfectdegree applicants’ complaint system, making through three ways to remedy thedegree applicants’ complaint right. With this mechanism of protection, we can makesure that the degree applicants’ legal rights would be effectively protected in practice,and provide a way to remedy one’s right when violated. And no matter what the resultof complaint is, the degree applicants are able to feel the existence of democratic, fairand just in the whole process of degree application.