The Legal Disputes On Students’ Educational Administrative Litigation

With the reform and opening-up policy and the development of socialist marketeconomy, our country basically forms a socialist education system with distinctChinese characteristics. Over the years, the Central Party Committee and the StateCouncil established the education priority development strategy to deepen the reformof education system and promote educational development strategic decision. Allthese measures have obtained significant progress in the development of China’seducational management system, running system, investment system reform and therelated system construction. In the management system, not only the compulsoryeducation, but also our education at all stages have stepped the pace of reform andinnovation. With the continuous improvement of socialist legal system and unceasingenhancement of China’s civil rights consciousness, all levels of China’s educationenjoy the sustainable and rapid development. At the same time, our students’educational administrative litigation cases gradually entered the scope ofadministrative litigation. Due to the right to education at the present stage has notbeen adopted in the "administrative procedure law", there are controversy andconfusion both theoretically and practically. As for the inconsistent understanding,different courts act differently in accepting students educational administrativelitigation cases, which leads to the legitimate rights and interests of students do notget sufficient judicial relief. Educational administrative litigation disputes also appearin many different types. There is not only the traditional type related to disciplinarypunishment, graduate certificate, but also other new educational administrativelitigation type on upgrading, admission, education administrative contract, studentassessment, subsidies and so on.At present, there is the question about how far the judicial relief in the field ofeducation can go. Whether the scope of the review is restricted to legitimate review, or adopt the rational review in it? Is only the procedural issues examined, or alsoincludes the behavior of the substantive content of review? China’s current law doesnot clearly defined, which exerts certain adverse effect on the full relief of students’rights. Our country existing research on legal disputes of schools and students givethe full attention on justice, mainly on the specific legal issues, limited to caseanalysis. With quantity’s increase of our students and school dispute, the controversyover the type of diversifies, and the type research on the focus of controversy isparticularly important. Therefore, this thesis attempts to conduct a comprehensivecollation and analysis on the university student educational administration disputecase related judicial case since1995. Of all the issues, the student educationaladministration litigation subject qualification, the scope of accepting cases, dueprocess of law issues and evidence review special issue, all these problems above areevasive concerning the students of educational administrative litigation. This paperwill give illustration from the following aspects.Part One. The concept transition of the students’ educational administrativelitigation development. This chapter starts by defining the two concepts of "school"and "the student" in different educational stages."The students’ educationaladministrative litigation" and "the legal issues" are confined. What’s more, theconducts of students in the administrative litigation are classified in terms of stagesand types. The school and the student management behavior are set in the educationallegal background, broadening the scope of right relief. Exploring the supportinglawsuit idea change through the focus transitions of various stages of educationadministrative litigation disputes in the order of time, so as to achieve a completeunderstanding of the students’ education development of administrative litigation inour country in recent years. Next, with a view to students’ educational administrativelitigation status in our country, through an introduction of the development from the"privilege relationship" to "special legal relationship" in our country, this paperelaborates dynamic developing process of educational administrative litigation idea instages. Finally, it briefly states the significance on of the research on students’educational administrative litigation cases related to types of focus. Combining withcase study, the student education administration lawsuit disputes are divided into fourparts, namely the scope of accepting issues, application of law, due process of law and particularity of evidence, closely around the relevant provisions of articlefifty-fourth of the "administrative procedure law". And they will be elaborated inperspective chapters.Part Two. The scope of accepting cases of students’ educational administrativelitigation. The author of this paper summarized the focus of dispute cases through thestudents’ educational administrative litigation cases, mainly about the punishment onstudents conducted by the schools; the evaluation on students’ graduation as well asthe awarding of graduation certificates and degree certificates; the evaluation on thestudents; Schools’ enrollment; Educational administrative contract; developingautonomous regulations.Part Three. The application of law in the Students’ educational administrativelitigation. In this chapter, the law application of College Students’ educationaladministrative litigation cases will be analyzed based on its classification of acceptingscope of law. The main efforts are made on the enrollments of public institutes ofhigher education, the application of law in the cases of disputes on degree certificatesas well as in the cases of abolishing previous enrollments.Part Four. Due procedural process of law of the students’ educationadministrative litigation. This part will discuss the legitimacy of due processconcerning the application of law in the third part. It mainly analyzes from twoaspects: procedural violation as the normalcy of educational administrative disputes;morphological analysis on the procedural violation of educational administrativelitigation.Part Five. Specificity of evidence of the students’ educational administrativelitigation. This part will mainly expounds from three aspects: evidence review withrespect to students’ educational administrative litigation; the evidence awareness ofthe subjects in the educational administrative litigation; related case analysis onevidence as the crucial losing cause.