Legal Risk Prevention And Control System Of University Student Management In China

In recent years,the cases of college students suing institutions of higher learning in China generally show an increasing trend year by year."Tian Yong v.university of science and technology Beijing refused to graduation certificate,academic degree certificate","Liu Yanwen v.the academic degree evaluation committee of Beijing university not approval granted doctorate decided to dispute","He Xiaoqiang v refused to award degrees huazhong university of science and technology","Anna refuses to jinan university expelled decide case","jilin university of architecture and Zheng Changlong education administrative decision cases","major and Beijing university of posts and telecommunications" and a series of university students v.universities cases occur frequently,makes people have to focus on the legal risk prevention and control system of the management of university students in China.The frequent occurrence of college students’ cases against colleges and universities requires that under the background of the rule of law in China,it is urgent to construct a legal risk prevention and control system for college students management in line with the development of The Times.In the management of college students in the new era,China should strengthen the legal risk prevention and control system in the management of college students,and strive to reduce the legal risks and legal disputes between colleges and students to the greatest extent.The legal risk management of college students is actually a contradiction and conflict between the students’ management right and the students’ legitimate rights and interests.This requires that our country must accurately define the legal nature and legal status of the public legal person in our country’s public colleges and universities,and must clarify the dual legal relationship between our country’s public colleges and students,which includes both civil legal relationship and administrative legal relationship.On this basis,colleges and universities should make it clear that the types of legal risks between colleges and student management are mainly divided into civil legal relationship risks and administrative legal relationship risks.There are two main defects in the current legal risk prevention and control system of university student management: one is the legal risk prevention and control system defect concentrated in the abstract student management behavior in universities;the other is the legal risk prevention and control system defect concentrated in the specific student management behavior in universities.The reasons for the legal risks between universities and student management are complex and diverse.The main reasons include imperfect entity rules,such as the absence of educational legal system and the violation of school rules and regulations.The management mechanism is not standardized,such as: college student management staff and college students have a weak concept of the rule of law,college student management procedures are not legal;The right remedy is relatively weak.Student management in colleges and universities and the contradiction and conflict between the legitimate rights and interests of the students is inevitable,our country in order to prevent and reduce the legal risks occur between university and student,and a legal dispute,the legal risk prevention and control in strengthening university students’ management system,the need to constantly improve the system of university student management system,change the current university student management education lack of legal system,the rules of the school rules such as illegal status;Adhere to the student-oriented management mechanism,strengthen the concept of the rule of law of university student management staff and university students,university student management staff should strictly follow the procedures of university student management;Perfecting diversified educational relief systems,such as mediation,appeal,administrative reconsideration and administrative litigation,etc.At present,the process of the rule of law in China is accelerating,citizens’ awareness of the rule of law is constantly improving,and a series of educational activities such as university student management will inevitably attract more and more attention from all walks of life.All these require that China must strengthen the construction of legal risk prevention and control system of university student management.