Research On The Administrative Litigation Relief Of College Students' Rights

With the continuous promotion of citizen's consciousness of rights protection and the variety of ways and means of protecting rights,citizens have provided more possibilities for their own rights relief.Among them,the number of students 'rights protection lawsuits in colleges and universities has increased significantly.The rights relief of college students is different from other social groups,and is limited by traditional thinking mode and relief way.Along with the continuous progress of socialist rule of law construction,the way and way of college students 'rights protection has also brought great changes,and the development of administrative litigation relief has achieved great results.The practice of administrative litigation on the rights of college students originated in the late 1990 s,especially in recent years,the number of administrative litigation cases in college education is on the rise.Although China has stipulated the rights of college students in the Education Law of the People's Republic of China,and also further listed the rights of students in the Regulations on the Administration of Students in Ordinary Institutions of Higher Education,as well as the ways and means of relief for rights,Due to the late start of the study on the administrative litigation relief system for students 'rights in universities and the lack of clarity in the scope of cases and the unequal limits of judicial review in the course of practice,the court's judgment on such administrative cases is not the same.This is also not conducive to guaranteeing the rights of students.This article takes public colleges and universities as the object of study,is divided into four chapters.The first part introduces the right to education of college students,and focuses on the concept,nature,characteristics and justice ability of the right to education of college students.The second part will start from the legal status of public colleges and universities,the relationship between universities and students,combining with the domestic and foreign mainstream point of view,the legal relationship between universities and students in China is briefly combed.According to the management relationship between universities and students,the scope of administrative litigation cases is further discussed.The third part will discuss the limits of judicial review from the perspective of judicial review,and study the administrative disputes between public universities and students from the perspective of judicial review,taking into account the characteristics of the Administrative Procedure Law 2017 and the administrative litigation review of students 'rights in universities.On the basis of respecting the autonomy of colleges and universities,the limits of administrative litigation relief are defined from procedural review,factual review and incidental review.In the fourth part,on the basis of the experience of such administrative cases in China and the Taiwan region,the author proposes corresponding measures to improve the existing problems in China's administrative litigation relief,on the basis of respecting the autonomy of universities and colleges,so as to balance judicial power and administrative power.To realize the supervision of colleges and universities.