Research On The Legal Problems Of The Administrative Assistance System In Higher Education

The right to education is a basic human right enjoyed by Chinese citizens as stipulated in the Constitution.The state has the obligation and responsibility to guarantee citizens' equal opportunities and rights to receive education.With the continuous expansion of education scale in China,the number of students receiving higher education is increasing day by day,and it is increasingly important to ensure the right to education of poor students in the stage of higher education.The higher education administrative assistance is a kind of social assistance activity which the country carries on the material or other assistance to the poor family student in order to guarantee the right to education of citizens' higher education.The actual enjoyment of the right to higher education of citizens in our country not only needs the country to make relevant laws to confirm it,but also makes a set of effective system,which can be guaranteed by the system and various countries and social resources.The administrative assistance system of higher education serves as the last barrier to guarantee citizens' right to education,although it is constantly developing and improving,there are still great problems in the current legal system and the practical operation.In our country,although there exist a large number of laws and regulations on higher education administrative assistance,there is no uniform norms and standards,and systematic legal system hasn't been formed.It leads to the lack of unity and coordination among various laws and regulations,which directly leads to conflict and in the activities of the administrative assistance of higher education in different regions has their own rights.The "interim measures on Social Assistance"implemented in China on May 1,2014,in Chapter VI,includes educational assistance and becomes one of the special relief programs for social assistance,but it only makes four principled provisions on educational assistance.There is a serious lack of maneuverability.At the same time,the traditional administrative aid methods such as scholarships and bursaries have become more and more unable to meet the needs of the educational development of poor students,and the administrative aid methods of higher education need to be enriched.Therefore,this paper based on the basic theory of the legal system of higher education administration and the current law and regulations of higher education administration in China,combines the advanced theories of higher education in the United States,Britain and other countries.It starts with the establishment of the educational assistance object recognition mechanism of the People ' s Republic of China,the rich and the improvement of the mode and standard of administrative assistance for higher education and the supervision of the administrative assistance activities of higher education,with a view to enriching and perfecting the current legal system of higher education administration.