Research On The Administrative Litigation Relief System Of The Right To Education Of The Students In Public University

The right to education is a basic right of citizens,the right to education of college students is directly influence its future social development.Since the University of Science and Technology Beijing Tian Yong sues the case verdict clearly pointed out that the public university with administrative status since the public university students sued the school’s case in China emerge in an endless stream.At the same time,the court accepted in educational administration proceedings on deepening in scope,intensity of review,there is disagreement on issues such as the burden of proof,treatment in different ways.This reflects our country to the public the right to education of college students relief exist ambiguity and confusion.As a concise object,this paper selects the educational administrative litigation in the public university students’ right to education administrative litigation as the research object.Firstly,public university autonomy and students’ right to education,right of administrative litigation system defined by education for university students.Then through a series of typical cases in the judicial practice experience,analysis the status quo and the causes of public university students right of our country administrative litigation of education.The education right again reference extraterritorial judicial relief experience,summed up the change of the theory of special power relations in Germany and the trial education cases,comparison of French official legal positioning method,the trial of cases in Education.The principle and the intensity of review standards,the experience of British Administrative Tribunal and China’s Taiwan region.Finally,public university students’ right to education administrative litigation system regulation suggestions.In order to promote the reform of law of management of public universities,the implementation of the protection of the right to education of college students,alleviate the education administrative disputes.