The Non - Litigious Relief Way Of Disputes With Students In Colleges And Universities

With China's higher education transition from elite education to mass education, higher education has seen the development by leaps and bounds. However, the deepening reform in higher education also increasingly caused a variety of conflicts and disputes among colleges and students significantly.As a result of the specificity and complexity of disputes as well as currently the imperfect judicial dispute settlement mechanism, the rights of students in colleges and universities are in the lack of timely, effective and impartial judicial protection.In this article, we think the system of Alternative Dispute Resolution, including consultation, mediation, complaints and arbitration, is an effective solution to the current complicated and special disputes in higher education as an important way.After the analysis of he complexity and specificity of the relationship between students and univerisities as well as the higher education disputes,this paper points out the disadvantages and defects of China's judicial solution to the higher education diputes. Then this article, from the macro and micro levels, respectively,analysis the advantages and validity of Alternative Dispute Resolution to the higher education disputes so as to lay a theoretical foundation and practical basis for setting up dispute settlement mechanism of consultation, mediation, complaints and arbitration.Finally, this paper suggests setting up the system of Alternative Dispute Resolution, including consultation, mediation, complaints and arbitration, based on the analysis above, compareing and learning from the higher education systems and useful experience in some developed countries and areas of the Civil law and Common law, combing with the reality of our country, in line with the status of China's higher education...