The Improvement Of The Relief Mechanism Of University Students’ Right To Education

"The central committee of the communist party of China on some major problems comprehensively deepen reform decision" released on The third plenary session of eighteen faces up to the awkward situation that education in our country have long faced relationship between education equality and essentially inequality, highlights the determination to intensify protection of citizens’ right to education, a new round of education reform will open in China.University students’ educational right relief mechanisms in China, including student appeal system, the education administrative appeal system, education administrative reconsideration system and education system of administrative litigation.There are different degrees of problems in relief for college students’ rights. In the process of rule of law to push today, education management field must have a perfect remedy mechanism adapted to the deepening of development degree of the rule of law.Therefore, to explore how to seize the opportunity to improve the current university students’ educational right relief mechanism is particularly urgent in a new round of education reform.Cases involve some education disputes between universities and students from Peking University judicial cases,reports in related works and research literature.Cases’ source and time span is wide, Since 1998, when the lead, with certificate can take an examination of "Tian Yong case" to 2014 part of the education between university and student dispute cases.The author makes a classification about the case for college students to seek relief way, found that college students seeking relief path is differ.Some strict seeking first appeal relief, and then seek the administrative appeal relief, finally to seek relief in administrative litigation, including seeking an administrative appeal relief after some seek administrative reconsideration relief.Some do not appeal to campus relief before seeking other relief, went straight to seek administrative remedies or judicial relief, including 45 pieces cases which college students directly to seek relief in administrative litigation, account for 59.21% of the total cases collected.In calling for the expanded the autonomy and respect academic freedom of university halls, justice should be a threshold to settle the final, but in the choice of university students’ rights protection path, administrative litigation system has played a vanguard role.This makes us to reflect on the role and function of student appeal system and administrative reconsideration system in relief student right to education aspects, and the effect of the administrative litigation system in practice,and how benefits to the university student right to education.Through the in-depth analysis of the specific cases,the first part of the article interpret student appeal system existence questions: A single complaint, narrow to accept the case; The lack of specific provisions for complaint procedures; Legal liability owed clear, appeals agency inaction; Dispose the decision is missing, value function deviation; Law is not clear, appeal system is not unified.The article second part analyzed the administrative appeal system effect based on the practice of the implementation, found that education administrative appeal system become a mere formality, the administrative appeal system and the administrative reconsideration system is blurred, implementation effect is not satisfactory.Whereas the administrative reconsideration system has a comparative advantage exist defects in the legislation, education administrative appeal system and administrative reconsideration system function is unknown.The development of our country’s higher education administrative litigation practice, in promoting university students’ right to education to protect deep at the same time, also expose many problems more concrete and more fully in advancing the management of colleges and universities in our country under the rule of law and expand the autonomy of higher education.The new amendment of administrative procedure law of the People’s Republic of China will further promote the perfection of the administrative litigation of our country’s higher education, but the administrative litigation system Solo dash type of reform will not solve all the problems.Through the analysis of education disputes between universities and students case, The article third part found that the higher education in our country administrative proceedings practice highlights the following problems: ignoring the procedural rules of higher education legislation; Connection with different sentence, judicial practice is not unified; On the application of the rules do not have a unified standard, the legal position is fuzzy.Perfect the university students’ educational right relief system and its implementation mechanism and make it tend to be more scientific, reasonable, is practical and positive steps to protect the citizens’ right to education.The fourth part focus on the improvement of the university students’ educational right relief mechanism, in order to promote the right remedy of the college students and the further development of a new round of education reform.First of all,this article reconstruct the student appeal system, reconstruction after the appeal system refers to the campus appeal system, on the basis of the experience in other country and our country Taiwan area, expanding the scope of the appeal, enhance the independence of the complaints handling mechanism, give complaint handling agencies disciplinary power, and perfect the working procedure.Second, cancel the administrative appeal system, The administrative reconsideration system instead of it, and perfect the education system of administrative reconsideration. Mainly is to strengthen the education function of administrative reconsideration system on resolving dispute, expanding the scope of the education administrative reconsideration and the guarantee of perfecting the administrative reconsideration application.Again, perfect the education legislation, protect the procedural rights, establish and improve the articles of association of the university and the school rules.Finally,perfect our country’s higher education system of administrative litigation from the aspect which establish judicial review principle of due process, and pay attention to the school rules in the form of legitimacy and legality examination.