China's Education Right Situation And Perfection Of The Legal Relief System Research

In the present study,rights to education refer to the equal,legal or contractual educational conditions and rights,which are supposed to be provided by the nation or educational institutions,and also the rights to restrain others' improper intervening behaviors in order to ensure educatees' physical and psychological development through study with the aid of educators.The disputes over educational rights refer to all the disputers between educatees and government administrative agencies,educational institutes,as well as other organizations or individuals in the process of receiving education over such issues as study opportunities,study conditions,academic evaluation and the issuing of academic certificates and diploma.The disputes over educational rights in daily life mainly manifest themselves in the following aspects:firstly,disputes over going to school and entering the next higher school;secondly,disputes over quitting school and expulsion from school;and thridly,disputes over the issuing of academic certificates and conferring degress.To solve the disputes over educational rights,the educatees can refer to such legal remedies as educational administrative appeal,administrative reconsideration,administrative litigation,and civil litigation.In the U.S.the legal remedy means provided to high school and primary school students include appeal to the committee of school districts and lawsuit;those provided to college students include appeal within college and lawsuit.In the region of taiwan,the remedy means include appeal,petition,and lawsuits.We need to integrate the experience of other countries and regions and the viewpoints of the scholars in our country in order to perfect our legal remedy system for the rights to education.Firstly,a national applied institution of students' appeal school be estabilished so that important issues can be specified,such as the agencies of accepting students' administrative appeal,the scope of accepting cases,limitation of appeal,types and executive force of handling decisions,the transitional relation between appeal,reconsideration,and lawsuit.Secondly,according to their different legal relationships,the disputes should be categorized into the scopes of administrative reconsideration,administrative litigation and civil litigation respectively.Thirdly,the system of publish interest litigation for educational affairs,the system of constitutional litigation or constitutional review can be established to provide a more comprehensive remedy to education righrs.