The Research Of Characteristics And Laws Of Educational Legal Disputes In Our Country

Since the1980’s, with the deepening of the education management system reform, as well as the advancement of the rule of law, moralized, graded and legal education relation has become divided. Citizens’rights awareness gradually awakens; more and more rights relief opportunities appear and education legal disputes gradually increase. Especially since Tian Yong sued University of Science and Technology Beijing, education legal dispute gradually appeared in public view and became a hot topic in the research of the education law. The education legal disputes is not the opposite of education order, while its emergence in part shows deficiency exists in the legal norms and is the rebalance and fusion of imbalanced of relationship between students and teachers, students and education institutions as well as the relationship between teachers and education institutions, education institutions and the administrative department of education. But an important reason why it is difficult for the existing settlement mechanism to effectively cope with education legal dispute is that there is not accurate analysis of its characteristics and laws. This paper tried to comb and analyze content of education legal dispute cases, summarized the characteristics of the education legal disputes, and on this basis explored the statistical regularity of occurrence, development and settlement of education legal dispute in order to make up for the inadequacy of existing research of education legal dispute and enrich legal relief theory, which is a reference for similar research.This paper first defined the disputes, legal disputes, education disputes, education legal disputes, in particular clarifying the concept category of the education of legal disputes. Besides, this paper used case analysis method and content analysis method, from four dimensions of the principal of the dispute, the nature of the dispute, the behavior of the dispute, dispute settlement to analyze the characteristics of the education legal disputes. On this basis, we abstracted general laws of development of the education legal disputes occurrence, and then from two aspects of prevention mechanism and settlement mechanism proposed measures to consummate our country education legal dispute coping mechanism.Through the study found that education legal disputes have legalization performance in education domain disputes category, or the adjusting range of education legal disputes belong to the law, it includes the concept of broad and narrow. Broadly education legal disputes cover the complex and different properties of the dispute among the education, the citizen, legal persons, other organizations, and state administration. Narrowly education legal disputes refer that the conflicts of rights and obligations among schools, teachers and students. Education legal disputes have four characteristics:the subject is’insiders’, the nature is’civil legal relations’, the behavior is’infringement’, the modus of resolution is’adjudication’.And it abstracts5developing General laws, they are advance signs of openness and concealment, spontaneous and the triggered reason for the type, handling and disposal of activation conditions, the development of the natural state disputes and legal fact disputes, the fight for the truth and fairness of the mediation respectively. As a result, we should analyze the initiatives by two aspects of education legal disputes’constraint mechanism and settlement mechanism. The main purpose of constraint mechanism is prevention, which would prevent or reduce the disputes. And the settlement mechanism aims at dealing with the problems,that makes the person involved getting the most satisfactory results.