Study Of College Students' Academic Complaint System

Following changes brought upon by economic globalization, China's higher education has developed vigorously. Colleges and universities are growing rapidly; meanwhile they also continuously seek change and breakthrough. The traditional concept of higher education endows the universities the name of "Ivory Tower" which seems to be the Holy Land. Universities are also the academic institutions for training students; equally balanced harmonious social organization. Its main task is to teach knowledge and cultivate talents, promote social development and service for the society. TIAN Yong sued University of Science and Technology Beijing in 1998, since then, the cases that students sue the Alma mater have been increasing, which arose people's widespread concern. In March 2005, Ministry of Education published a new Management Regulations of College and University Students, which make the researches on the complaints of students peaked. This is also the most detailed law for solutions on complaints of university students till now, which supplements and explains Educational Law and the related content of old Provisions. As the students'awareness of legal protection enhances, they produce a great deal of divergence with the administrative management mode. People discover that in schools, some disputes may also appear, and the increasing number of student complaints also causes extensive social concerns. The experts and scholars are doing research on it from legal, educational, psychological, points of view. The university students appeal system, as a formal internal legal relief system, is an important solution mechanism inside the university. It can safeguard the legitimate rights and interests of the students in universities, meanwhile, solve all kinds of disputes in universities. While China's appeal legislation is in an initial stage and the appeal system is still not perfect, scholars research mainly on the defect, legal relations between the universities and the characteristic and problems of students'appeal.But the specific research on student's academic appeal still leaves blank. The characteristic of universities' academic management determines the special mode that the academic authorities and administrative powers co-exist, therefore, students academic appeal is even more complicated. The students' academic complaints mainly concentrate on the learning affairs such as the appeal of course delay, major choices, cheating in the exam, teaching materials and so forth, the universities do not have a detailed procedure to follow regarding the above-mentioned issues.This paper mainly focuses on the following four aspects to discuss students' academic appeal system.First, according to the academic classification and the current laws, the conception of students academic appeal should be defined. In the previous research, we find that most of the articles are mainly based on the imperfection of the current laws and the disadvantage of appeal system; the specific student appeal cases are insufficient. This paper mainly focuses on the cases of undergraduate students appeal about the student learning affairs. Second, the current situation of students appeal is analyzed, and presently, the student's appeal primarily depends on Educational Law, Management Regulations of College and University Students, Regulations On Academic Degrees. However, there exists many defects and the legal regulation is too broad. Third, we should use the existing management regulations on academic appeal from Canada and Taiwan for reference. In Canada, almost every school should have its own legal advisers and Student Committee to specifically deal with the cases on student academic appeal, we can take example by the foreign experience to perfect our appeal system. While in Taiwan, students appeal system is also mature, using the two areas' system for reference will enlighten us. Fourth, the university students academic appeal system in our country should be put forward and perfected, primarily, it is quite essential to predict some possible occasions and there should be a legal standard to the amendment of some related procedures and re-formulating some regulations in order to prevent and reduce the predicament of student suing the university; improve the students'own awareness of prevention and protection; and establish a good legal environment. Then combining with the state law and related laws, the appeal system procedures should be perfected.