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Research On The Relief Mechanism For Infringement Of College Students' Rights And Interests From The Perspective Of Administrative Law

Posted on:2020-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:J T GuoFull Text:PDF
GTID:2416330596485132Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
As the subject of administrative authorized by laws,colleges have formed both civil and administrative legal relationships with students in their daily management process.The legal relationship between "college and student" is a kind of complex legal relationship,which is dominated by administrative subordinate relationship and supplemented by civil legal relationship.From the perspective of administrative law,this paper combines with practical cases to analyze the phenomena of harming students' rights and interests in the daily management process of colleges.We can find out the practical problems existing in the protection mechanism of students' rights and interests,and put forward improvement measures.So we can better establish and improve the protection mechanism of students' rights and interests in Colleges.The administrative disputes between students and universities caused by the administrative actions of education,such as enrollment management,disciplinary sanctions and confer degrees or diplomas,have become an indispensable part of educational administrative disputes.Therefore,improving the protection of students' rights and interests has become an important part of coordinating the relationship between universities and students.There are many problems in the protection mechanism of College Students' rights and interests,which have been reflected in reality.Generally speaking,there are corresponding imperfections in the appeal system,the educational administrative reconsideration system and the educational administrative litigation system.Firstly,the composition and operation of the student appeal committee in the school appeal system are not standardized,the administrative appeal system exists in name only;Secondly,the educational administrative reconsideration system is absent in the legal sense;Finally,the scope of acceptance of the educational administrative litigation system is not clear,There are some problems in the connection with the non-litigation safeguard mechanism.Educational administrative compensation does not exist and so on.We should establish and improve the protection mechanism for the rights and interests of College Students.First of all,we should standardize the university statute,coordinate with the higher laws,and avoid illegal punishments or treatments due to the deviation between the statutes and the higher laws.Besides,we should pay attention not only to the substantive norms,but also to the requirements of procedural ones.Secondly,There are many drawbacks in the existing resolution mechanisms for dispute in China.We should construct a multi-resolution mechanism for disputes between universities and students.In particular,we should standardize the alternative dispute resolution such as the student appeal system,system of administrative review and educational arbitration system.We should clarify the jurisdictional limits of these relief mechanisms in law and coordinate the various systems.We should also pay attention to the scope of accepting cases in administrative action and coordinate the connection between alternative dispute resolution and litigation dispute resolution.
Keywords/Search Tags:University Administration, Students' Rights and Interests, Alternative Relief Mechanism, Appeal System
PDF Full Text Request
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