The Study On Legal Protection About The Right To Education Of University Students

The rights of university students to education is the option or freedom of act for the students who have come into a legal relationship with university to enjoy unversity educational resources, to form sound moral quality and develop the capability, and to keep abreast of social activities and social development which accept the protection of the state for its justice admitted by the society. The right to education for students is one of constitutional rights,which has both characteristics of liberty and social rights and is right to action and right to receive. And it is also a relative right. Right to education which has been recognized or affirmed as one of legal right,which has no fundamental,equal features and has no consistency of rights and duties. After the founding of new China, our Chinese government has emphasized the legal safeguarding of right to education,which has formed a series of laws ,regulations protecting right to education for university students .But the rights of university students to education in China is not to the expectation, among which the equal right to enrollment, the choosing right to education, the right of identity, the application right of teaching facilities, the grant right to education, the equal appraisal right, and the right to obtain degrees and certificates are often infringed. The cause to this infringement is that the laws to university education in China are too formalized to put into practice. As to the interrelationship between higher education and university students, the university occupies a powerful position and at the same time the discretion endowered by laws are too great, the right to education of students have been infringed seriously and remedies for them are not in position.This essay has analysed the stus quo of right to eduction and made a comparision with American, Japanese highter eduction .This essay has pointed out that American universities have established perfect management system and dispute settlement procedures and remedies. But Japanese universities have relatively perfect legal education system and have advanced higher eduction network ,which give too wide range of choices for university students to enjoy right to eduction Japanese government has invested too much fund into higher education ,which provides sufficient materials for the safeguarding of right to eduction.The universities in China are put in a privileged state, and their rights enforced by the law to sanction the students are too broad. Furthermore, the sanctions to the infrigement of the rights of university students to education are not strongly imposed, and up till now there are not enough laws to the sanction. In this paper the current situation of the right of university students to education was analyzed and the concrete measures were proposed to making perfect legal laws and instituting regulations to the right of university students to education, making consummate students' appealing system and judicial protection system inside school such as providing practical and effective relief of administrative procedures, civil actions and constitution procedures etc.. This is the inevitable request to construct our country under the rule of law ,to maintain the sanctity of constitution, and to run education with legal provisions.