Study On Pretrial Mediation System Of Administrative Litigation For College Students' Rights Protection

With the increasing awareness of civil rights,colleges students for the exercise of administrative functions and powers and cause themselves the right to education received,triggering the lawsuit to be published in newspapers frequently.When the school exercise of management authority to make specific decisions,the infringement to the right to education of college students,college students can apply to the administrative department of the superior school can apply for mediation,administrative proceedings to the court,this is the law of college students as the rights of the administrative counterpart.In judicial practice,the handling of similar cases is often quite different.In the theoretical study of the legal problem of this kind of paper is devoted to an immense number of books,but does not yet exist recognized academic paradigm and court precedent.In May 1,2015,the new "administrative litigation law" and relevant judicial interpretations of the promulgation and implementation of the administrative litigation,demolition difficult filing threshold,effective protection of the administrative counterpart's right of action,also the end of the college students has no way to sue the situation,but the college students' rights of way and not with the implementation of the new law and improve.The reason is the cumbersome procedure.The belated justice and injustice,interfering with the normal learning of college students through the complicated procedure,even infringed on the right to education of college students,and made the university students miss the best time to study.As a grass-roots legal workers,from the spirit of the case to be substantive solutions,effectively protect the education of College Students' interests,suggestions after the court filing,the establishment of pretrial mediation mechanism,to simplify the complicated procedure,in order from the angle of the practice for the resolution of adding a kind of thinking method.According to the provisions of the law of administrative litigation in our country,the people's court accepts the inquiry of college student rights through the administrative litigation,pretrial mediation procedures,balance and unity for the protection of the right to education of college students and school management order,to ensure that the university students of the substantive rights are effectively protected.The first part,combined with the administrative litigation cases of college students,hackles the historical development of such litigation cases,,analyzes the current situation and the main problems of the law,that is,the need to improve the efficiency of the case,maintenance of the right to education of college students,and put forward the establishment of the court mediation procedures of the value.The second part,expounds the meaning of the college students' rights protection administrative litigation pretrial mediation procedure,and analyzes the establishment of such cases to establish the legitimacy and rationality of the pretrial mediation procedure.The third part,research the implementation of college students' rights protection administrative litigation pre-trial mediation system should be followed by the legal principles including voluntary principle,legal principle,efficiency principle,as well as the people's court in the trial of cases before the court mediation process to apply the legal basis.The fourth part,from the perspective of building college students' rights protection administrative litigation court,to ensure the people's law to legal basis,we suggest to improve the administrative litigation legal system,judicial interpretation,or from the time limit,venue,mediation personnel and behavior,supervision system of the individual legislation.Finally,the specific matters of the people's court organization mediation are proposed,hoping to help the settlement of such disputes in practice.