| With the international education consumption trend moving forward and high education cost-sharing system rising in China, high education consumption gradually become a new hot consumption topic, along with which is the increasing number in related controversy over education. The PRC Consumer Protection Law which was enacted since1993has not been properly adjusted to the change of society, excluding high education consumption from its adjustments. The complex education dispute today has exceeded what can be solved by consumption relatively hysteretic laws. The public appeal for the amendment of the current Consumer Protection law to protect the legal rights and interests of college students as consumers with effective measures adopted. This will help develop the positive relationships between students and colleges, improve the management of high education, and bring about the harmonious condition between students and colleges.This essay starts with high education consumption legal relationship, discussing the topic in subject, object and content, which are the three elements of legal relationship. The essay falls into three parts:introduction, main body and conclusion.The introduction is mainly about the background, research status, and structure and research methods; meanwhile it indicates innovation and defects as well.The body part includs four sections.The first section is an overview of the consumption theory of higher education service. First, to clarify a group of concepts closely linked to connotation and denotation. Aim to higher education consumption in the thesis under legal relationship of relevant concepts, species from range in layer upon layer stripping, in order to better discussed.Second, illustrates the four basic characteristics of the consumption of higher education services. Third, to introduce the four theoretical basis of the consumption of higher education services.The second section is the judgments of legal relation of higher education services consumption. Through higher education service consumption of legal relation of the subject, object and content of the three key elements, the conclusions are as follows:the subjects of higher education consumption legal relationship are students and colleges or universities, the consumer protection law limited for university students and the relationship between consumption, this is also the requirement of education public welfare and reflect. The higher education object of higher education consumption of the legal relationship is behavior.It is stronger tendency to determine for public strength weaker more private product properties of quasi-public products. Higher education in colleges and universities to provide services in the process of the formation of the students and the legal relationship between consumer spending has inevitably become the object of adjustment of economic law. Students of higher education market consumer is the vulnerable groups, accord with the consumer rights and interests protects a law "the protection living consumption relationship disadvantaged individual consumers" purpose of the legislation. Therefore, higher education consumption has the legal relationship by consumer rights and interests protects the theory and reality of adjustment. This also for future education under the background of the rule of law to solve the disputes between student and college provides a theoretical premise and the legal protection of paradigm. Can say, the higher education service consumption college students in the field of consumer of the legal relationship between special to analyze, not only is the perfect the students the protection of consumers’ rights and the theory of legal countermeasures to guide, but also the necessary link and concludes the organic part of the indispensable.The third section is the introduction and enlightenment of the foreign higher education services consumer protection. By introducing the foreign higher education industry in Australia, New Zealand, the Netherlands, Singapore and other more developed countries in the student consumer protection measures, summed up that we can draw from the following four aspects. First, focus on conservation of education spending costs; second, widely absorb third-party non-governmental forces; the third is a multi-practice education consumer protection mode; and the fourth is further broadening the field of student rights protection.The fourth section is the legal advice of how to improve the protection of consumers’ legitimate rights and interests of Chinese students in higher education service. The first part analyzes the student consumer rights and interests in the field of higher education services consumption are infringed prominently in person, property and other educational consumer rights, and analyzes the reasons for this phenomena, including five aspects such as the insufficient supply of legislation protection, unknown status to student consumers legal subject, universities legal system is not perfect, relief channels of the rights and interests infringement are single, rigid and weak, lack of intervention of third-party power that independent of universities and government. The second part put forward legal countermeasures to improve China’s higher education services consumer protection on the basis of aforementioned performance and cause analysis. Efforts mainly targeted the following five aspects:First, modify the current Consumer Rights Protection Law to include disputes between the universities and students; and formulate Higher Education Consumer Protection Law as a single law to make student consumer protection more comprehensive and specific operational, and compensate for the defects of our insufficient supply of legislation in this area. The second is to continue to strengthen the awareness of the legal subject of student consumers of higher education services, and to promote the establishment of the true higher education service consumer legal relationship. The third is striving to perfect higher education service providers’legal person system of colleges and universities, affirm the legal status of institutions of higher learning in theory, and reconstruct the legal person classification system to make the legal person classification more explicit and richer in content. Fourth, in order to protect the legal interests of consumers to name translates into real, complete its procedural legal safeguards, and reconstruct education complaint system, try to establish the education arbitration system, and strive to perfect the education litigation system, in order to smooth the higher education consumer’s appeal of relief channels. Finally, innovate higher education services to the consumers’ rights and interests of social protection organizations,encourage and guide the third-party organizations to enter the field of higher education consumption to protect their rights and interests relief.Throughout these four sections, the first section is the theoretical foil, the second section is the legal relationship framework, the third section of the service in the whole paper complete structure needs, and the fourth is the present situation, the cause analysis, and put forward the legal countermeasures. Therefore, the second and the fourth sections are undoubtedly the key exposition.Conclusion:straighten out the full text ideas from the overall context, and reiterate the point of view in this article. |
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