Research On The Improvement Of University Students’ Appeal System In China

Sound internal appeal system of college students, to maintain the legitimate rights and interests of university students and to implement the law governance has important meaning, at present in our country, the research on the internal appeal system of college students is not comprehensive, with less in the perspective of law, mainly concentrated part of the basic theory of the lawsuit system concept, nature, significance, and the legal relationship in college students to apply, lack of empirical and comparative study. Early in 2005, the Ministry of education the college regulations of students management (hereinafter referred to as "Regulations") is a major bright spot is the embodiment of the idea of "governing by law" and "people-oriented", the provision of related colleges and universities appeal system, reflecting the importance of the legitimate rights and interests of groups of college students. In 2015, the Ministry of education started to ask for the revision of the "Regulations", and it also reflected the protection of the legitimate rights and interests of students. Perfecting the appeal system in Colleges and universities has an important role in solving the disputes and constructing the modern university system. This paper is divided into four parts:The first part is about the internal appeal system of College Students’ legal analysis from three aspects of the characteristics of college students and the legal relations, University Students’ innerappealrules legal nature, University Students’ innerappealrules, to elaborate the comparison with representative scholars point of view, analysis of the advantages and disadvantages of the views of the parties, that is a complex and comprehensive legal relation between universities and students, summed up the university student appeal with internal relief, procedures, controversial, non a final ruling on the basic characteristics of. The second part is about the present situation of the internal appeal system of college students in our country, the research focus is mainly on the legislative statusquo, learned from China for a long time, there are few specialized laws and regulations related to the university student appeal, although there are laws and regulations that protect students legitimate rights and interests of students, but few of the the specific ways and means, until the 1995 "Education Law" a form of special provisions for students disposition in the school can appeal or the prosecution, in 2005 the "Regulations" has special provisions, any action by students in the school, may appeal to the internal complaint handling mechanism, or the administrative department of education to appeal, at the same time in this part, to analyze the actual effect of students’ appeal system in China in the practice of the operation with related cases of student complaints, on the one hand it is willing to The positive significance of the system of College Students’ appeal, but also pointed out its drawbacks and several reasons. The third part about problems existed in China’s colleges and universities appeal system is, such as legal provisions on the range of students appeal is abstract, not refined and the standard is not unified, students complaint processing mechanism composition is not reasonable, the arrangement of personnel tend to administrative management personnel, power scope is limited, and appeal procedure is not standardized, and appeal relief channels is not smooth etc. problem. The fourth part is suggestions for improvement of the internal appeal system of college students, is the main problems existing in the third sector to consider how to perfect, respectively from the appeal scope, processing mechanism and related procedures and relief channels of the four aspects, to look forward to improve the internal appeal system of college students provides some suggestions, in order to facilitate the protection of College Students’ legitimate rights and interests of.In the part of conclusion, the full text of the final and overall summary, certainly positive significance of internal appeal system of college students in the protection of the legitimate rights and interests of students, and internal appeal system of college students is facing major problems, in order to improve our college students in school appeal of degree, it is necessary to do expanded student complaints about the specific scope, improve the complaints handling agency personnel settings, power efficiency, standard and clear complaint handling procedures, open their appeal after relief channels.