On Universities Student Disciplinary Of Administrative Law Relief

Colleges and universities of china’s socialist construction talent base, charged with the daunting mission personnel training, the strength of a country depends largely on the quality of the builders of the national emphasis on education is reflected in the number of colleges and universities,According to incomplete statistics, China’s colleges and universities nearly as many as800such a large group of colleges and universities, behind the figures are more alarming number of college student. As many as a mess, chaos has changed. As the U. S. Subprime mortgage crisis sweeping the global unemployment rate soared, in this context of the blind expansion of the elite university education to the popularization of college students is no longer elite the face of high unemployment, college student trained in the mode of exam-oriented education can not be spared, became a victim of China’s higher education experiment. The results of student disciplinary punishment on student’s future is a devastating blow. Precisely because of the serious consequences that makes the student must choose the relief, to minimize its consequence once subject to serious disciplinary sanctions. Colleges and universities to discipline sanctions disputes relief system came into being. China’s student discipline sanctions disputes relief in unprecedented chaos. Tian Yong case is to break the look calm but in fact the stormy lake "and" Pathfinder stone, outside the school administrative proceedings as the representative of Remedy started to intervene in disputes among universities and students more "relief nowhere","relief to no avail. Came out with a Chinese college student discipline and sanctions relief mode, is imperative. The article leads in case of previous survey data to statistical analysis of the phenomenon, to identify the crux of a disciplinary sanction disputes relief system, critical to learn from the disciplinary sanction of civil law and common law disputes system. Improve the discipline and sanctions disputes relief system to the improvement of the existing system as a starting point, and on the Dispute of the way of discipline and punishment to make a choice:the administrative complaint with the administrative reconsideration of the existence of two relief way of discipline and punishment disputes complicated, not only increasing The cost of student rights has also increasing the difficulty of rights. The introduction of these two means of relief area of student discipline disputes is an inevitable trend. Clear channels for relief, improve discipline and sanctions disputes relief system, to build a Chinese-style discipline and punishment disputes relief mode.Analysis, the paper proposes a school complaint-the administrative proceedings of "dual" relief mode, is to abandon the administration complaint, the application of the administrative reconsideration of a disciplinary sanction disputes relief to improve the school complaint with the administrative reconsideration, in most litigation and discipline punishment to protect the "dual" relief system. The relief model as the prototype of a disciplinary sanction disputes relief mode to Western developed countries, and on this basis, the Chinese element, making it a disciplinary sanction disputes relief mode. This mode will be the original of relief ways to simplify, to neutral to protect justice, justice,procedural safeguards, to maximize maintenance of the legitimate rights and interests of students by sanctions.