The Research On Disputes And Resolution Mechanism Between College Student And University In China

With the deepening and development of C hina’s higher education, college enrollment, higher education fro m elite education to mass education; higher education experience charges reform, from the free service to pay for; with development of the legalization, College Students’ awareness of protection themselves awakening and a series of factors, C hina’s college students and universities disputes also increased significantly, has aroused wide attention and heated discussion from all walks of life. However, in the face of nume rous disputes, it is lack a relative of effective dispute settlement mechanism, resulting in disputes between college students and universities not fast, effective, legitimate rights and interests of students cannot be guaranteed. This article mainly discusses the solution and prevention of the disputes between the universities and college students, as well as the way of dispute settlement as the research.The phenomenon of dispute between college students and universities increasing, through a recently typical case of dispute between college students and universities from internal and external aspects to analysis the reasons, to understand the dispute from different perspective, from multiple angles analysis the type of disputes between college students and universities, based on the nature, features and other aspects of the dispute, divide the dispute for three specific category of administrative disputes, civil disputes and academic disputes, attributed the characteristic of the dispute between college students and universities, include the diversity of content, processing method of expertise, enormous implications, solve the disputes complexity, and other major features. In order to better recognize the dispute generated by a variety of problems, but how to solve the problem, the first to recognize the legal status of universities have a dual civil and administrative, as well as in various disputes have different legal relationship with the college students. To continue improve the theoretical knowledge of disputes between college students and university, in order to guide the practice development by theory.Many imperfections of the laws a nd regulations exist for college students and universities dispute resolution mechanism, the dispute resolution mechanism inefficiency caused by a number of aspects, consist of legislative, college, college students, etc. And we can through the study of the United States, France, Taiwan college students and universities dispute resolution mechanisms, to understand their college students and universities dispute resolution mechanism of the characteristic as a whole, learn from their successful experience, based on respecting university autonomy, and practice, combined with C hina’s actual situation, uphold pluralism of ideas and concepts, to build a diversified dispute resolution mechanisms model have the committee for people’s mediation in university, the school appeals system, the administrative department for education reconsider, the the education arbitration and the judicial review.