The Education Civil Dispute Resolution "Triage Mechanism" In China

Currently,our country is in the transformation period of planned economy and market economy. The social conditions of material life has changed dramatically,the civil legal relationship adjusted by the law is also increasingly diversified and complicated,main features is the constant appearance of disputes. As one kind of civil disputes, education disputes presents an increasing and more complicated trend.Disputes are not only showing the rising status,at the same time,the causes of the disputes are more complicated. Education disputes will not only affect the healthy development of the education, but also have different degrees of influence on teachers,students,schools and education administrative departments etc. Due to the complexity of disputes,it is difficult to be solved in litigation. Both subjective aspects and objective factors determine the civil procedure should be in diversified development trend,menifesting as to solve differently according to the different types of cases. For education civil disputes, the division mechanism can improve the efficiency of dispute resolution,maintain normal school teaching order and promote the construction of harmonious society.This main research method of this article are literature method, comparative method and case method. Five parts will be discussed in this article:The first part: introduction. The introduction part mainly elaborates the purpose and reasons of selected topic,the main content and the significance of topic selection,the article research ideas and research methods.The second part: the foundamental construction of education civil dispute solution "triage mechanism". This chapter mainly discusses the construction of the dispute resolution " triage mechanism" from both theoretical and practical aspects.The third part: the current situation of education civil dispute solution mechanism in our country. First of all,the overall situation of education civil dispute resolution path are analyzed,mainly from the main types of education civil dispute.Secondly,to discuss the disadvantages of education civil dispute solutions from two aspects, which are excessive reliance on litigation and self-help remedies.The fourth part: the feasibility of the education civil dispute solution "triage mechanism".The fifth part: the preliminary build path of education civil disputesolution "triage mechanism". This section includes three parts, which are the basic condition of dispute path, basic scope of pretrial procedure diversion and pre-trial conciliation diversion program design.