Legal Disputes Characteristic And Coping Mechanisms Of University

With the number of students enrolled in colleges and universities is continuously increasing across China, the higher education has become popularization and China has the largest higher education scale in the world. The social relations in higher education are more and more complex due to the acceleration of social transformation and the process of in-depth reform in higher education. In recent years, some universities have been involved in legal disputes such as the violation of laws and codes of conduct in student enrollment, running school illegally, infringement of teachers lawful rights and interests, infringement of students educational rights, and other cases of contract disputes. It is necessary to adjust the legal relations and coordinating educational interests of all parties, to solve the legal disputes of higher education effectively. The universities has been asked to implement and manage the universities by law according to the implementation outline "the program for comprehensively implementing government administration in accordance with the law" issued by the Ministry of Education of China in Nov2012. In order to protect the stability and the healthy development in harmony of university, it is essential to propose better coping mechanisms on the basis of clarification of the characteristics of legal disputes and the existing dispute settlement mechanism.This thesis reviewed the concept, the characteristics, types of education legal disputes based on theoretical analysis and case studies. The causes of higher education legal disputes, the settlements of education legal disputes in both China and abroad, the defects of existing settlement mechanisms in China were analyzed. Based on the current settlement of legal disputes and its disadvantages of existing mechanisms, early-warning and mediation mechanisms were proposed in order to find the resolution with procedural fairness, efficient, multi-mode, low-cost and diversified mutual coordination. The early-warning mechanisms should be built in which included dispute investigation systems, forecasting systems, emergency response and management, and long-term education requirements of law. The mediation mechanisms should play an important role in mediation, appeals, educational administrative reconsideration, educational arbitration, administrative proceedings to form the mutual convergence with effective coping system.