Study On Chinese College Students’ Financial Assistance Legislation

As we know, education is a cornerstone of national development and education equity is an important foundation of social justice, so the system of college students’ financial assistance should be perfected to guarantee the needy students’ education right, which is not only a complex and massive social welfare, but also is a constitutional obligation of the State. In this paper, the legislative problem of college students’ financial assistance in China has been researched deeply by analyzing standard and studying comparatively under the condition of problem-oriented and based on the current situation of our college student aid.In the first part, the legislative necessity of college students’ financial assistance is analyzed comprehensively on the background of Governing country by law and Conducting Administration according to Law. The legislation of college students’ financial assistance is beneficial to promote educational equity and guarantee student’s right to education from the perspective of the Constitution. Student financial aid is a part of the administrative payment category from the perspective of administrative law. So college students’ financial assistance is the reflection of fulfilling administration presentation and constructing service-oriented government. The legislation of college students’ financial assistance is a need to promote the rule of law for student financial aid and the modernization of education management system and ability, according to the practice of student financial aid. The legislation of college students’ financial assistance is a demand for expediting legislation on major fields from the perspective of law and policy science.In the second part, some related legal issues of legislation of college students’ financial assistance are analyzed comprehensively according to jurisprudence, legislative science and administrative law science. First and most, the legal relationships among the college students’ financial assistance, contain public law, private law, public and private law. Especially, there are two kinds of legal relationships about the National Student Loan, administrative legal relationship in the loan approval process and the civil legal relation of the execution of the loan. Secondly, its legal norms properly embodied as both the Constitution and the rights of law, both substantive and procedural law.The third part, based on the practice of Chinese college students’ financial assistance, analyses the existent legal issues in our country. Those legal issues are showed below, including legal regulations fragmented, legal hierarchy unclear, the size of staff and funding unobstructed, responsibility and authority unclear, qualifications of students with financial difficulties unclear, funding concerning, Chinese college students’financial assistance are not guaranteed and so on.The improved suggestion of Chinese college student’s financial assistance legislation was discussed in the fourth part. Firstly, the college student’s financial assistance legislation should be located in administrative regulation at the moment based on the relative legislative authority, legislative procedure and legislative claim. Secondly, the legislation purposes are showed below, including the direct purpose (Standardizing the students’financial assistance work), the indirect purpose (promoting lawfully administrative and managing education by law), and the fundamental purpose (protecting citizens’ right to education). The legislative principles have much content. For example, the rule of law, right equity, opportunity fair, fair rules, principle of aid and education and both right and privacy. We know that corporatization is the common characteristic by analyzing the Japanese, Chinese Hong Kong’s and Chinese Macao’s student financial assistance agency. We can draw lessons from the experience, the problems of student financial assistance agency about legal status, duty and authority,size of personnel force, fund sources can be solved by legislation. The application and evaluation system can be improved by establishing a fund evaluation standard and a professional third-party investigation mechanism. In addition, establishing the relief system for applicants is urgent. Responsibilities of the central finance and local finance for college students’financial assistance should be stated clearly by legislation, and enhancing supervision by performance audit and performance evaluation in the funds. The last part is talking about the legal responsibilities of students, universities, student financial assistance agencies, banks and other liabilities.