The Legal Dispute In Regular Institutions Of Higher Education And Judicial Review

This assay aims to analyze topic of disputes in higher education field and its dispute-settlement mechanism. To some extent, the disputes in this field can not merely viewed as a matter of legal technique, but matters of legal status and social role of Institution of higher education, as well as national legal history. Therefore, the elements concerned in this topic deserve profound checking.Firstly, basic problems about institutions of higher education shall be analyzed, and upon it the background of disputes in the field of higher education will be stated. Secondly, through reflecting on the judicial practices, we classify and define the disputes according to their legal relations; thirdly, the positive right-relief mechanisms in China’s legal system shall be drafted; fourthly, by reflecting upon the history of administrative law, we assert that there are two sorts of models for institutions of higher education, the one attempts to protect student’s rights, and the other attain to liberty of educational institutions. And finally, basing on theoretical analysis, we construct a blueprint for judicial review to China’s institution of higher education.