Researchon College Students' Right To Appeal

The construction of the rule of law is an inevitable choice for the country and history in the process of promoting the national governance system and the modernization of governance capability.Relying on the spirit of the Fourth Plenary Session of the 18 th CPC Central Committee,colleges and universities should firmly establish the concept of running schools according to law and running schools according to law,improve the internal governance system structure of schools,establish and improve the organic framework of laws and regulations at the national,local and internal levels,and put forward new requirements for the development of the governance system of colleges and universities in the new era.At the legal level,as early as 2012,the Ministry of Education of the People's Republic of China promulgated the Outline for the Implementation of Promoting the Administration of Schools by Law for All,clearly stating the importance and urgency of comprehensively promoting the administration of schools by law,clearly proposing to improve the scientific decision-making and democratic management mechanism,perfect the school governance structure,promote autonomous management,and respect and protect the rights of students.Before making adverse punishment,students should be given the opportunity to state and defend themselves and actively educate and save.At that time,the concept of students' right to appeal was not perfect,but it can be seen that it has taken shape.This is a special protection given to students on the basis of punishment,conforms to the reality that students are relatively weak,and is conducive to the protection of students' right to appeal and other rights and interests.At the same time,the Education Law of the People's Republic of China and the Higher Education Law of the People's Republic of China have also been promulgated and implemented one after another.Paragraph 4 of Article 43 of the Education Law clearly stipulates that students can lodge complaints with the relevant departments if they do not accept the punishment given by the school.Article 53 of the Higher Education Law also clearly stipulates that "the legitimate rights and interests of students in institutions of higher learning shall be protected by law".The above two laws clearly stipulate and protect students' rights and interests,especially the right to appeal from the legal perspective.Therefore,it is self-evident that it is important to clarify students' right to appeal and its related systems,issue special regulations with practical value,and establish a complete and perfect system of students' appeal.From September 1,2017,the regulations on the management of students in ordinary colleges and universities came into force,and the original regulations on the management of students in ordinary colleges and universities were abolished.More than 50 amendments,additions and deletions have been made this time,and more than 40 have been significantly revised(see Annex 1 for detail).The magnitude of the revision is rare.Particularly,a new chapter 6 has been added to provide a special chapter for students' complaints.It can be seen that the protection of students' right to complain has risen to the institutional level and needs to be standardized and implemented urgently.At the practical level,the author summarized and sorted out the 37 judgments concerning university students' right to appeal from 2017 to the present,and found that there were certain conflicts and disputes over the scope,procedure,jurisdiction and application of law of the student's right to appeal: six cases involved disputes overthe scope of university students' right to appeal,including disputes over both the subject of appeal and the subject of appeal;There were 30 cases involving the handling of student complaints by universities or educational authorities.There were four cases involving jurisdiction and law application.Through the judgment,the disputes and problems concerning the right of appeal of college students in the current judicial practice can be found more intuitively,and this article will also focus on the discussion in the following article.From the above,it can be seen that students' right to appeal is of great significance in policies,laws,administrative regulations and other aspects.In practice,there are certain conflicts and disputes between different universities,educational administrative departments and local people's courts over the scope,procedures,jurisdiction and legal application of students' right to appeal.Therefore,clarifying the above issues is conducive to better protecting college students' right to appeal and safeguarding their legitimate rights and interests,and the protection of students' rights and interests will also help to promote administration according to law,running schools according to law and governing the country according to law.This article focuses on how to better protect the right to appeal of college students,and will discuss it from three aspects: expanding the scope of the right to appeal,standardizing the appeal procedure,and improving the application and practice of law,with a view to contributing to the protection of the right to appeal of students.