Research On The Relief Ways Of Information Disclosure In Universities

In recent years,as the academic autonomy of universities has been widely recognized,Citizens’ legal awareness has increased,and disputes about information disclosure between universities and internal teachers and students have gradually increased.There are conflicts in the regulations on the relief channels of information disclosure by public enterprises and institutions,such as the "Measures for the Establishment of Information Disclosure Regulations",which makes it difficult to truly resolve such disputes in practice.Therefore,in combination with legislation and practice in China,in-depth research on the relief mechanism of information disclosure in universities is far-reaching.In order to discuss the relief ways of information disclosure in universities,it is necessary to clarify the legal nature of universities when disclosing different information:when autonomous information is disclosed,universities are autonomous organizations that enjoy academic freedom,and when administrative information is involved,universities are authorized by laws and regulations.organization.Out of respect for the academic autonomy of universities and low-cost and high-efficiency legislative considerations,my country currently only provides channels for reporting or appealing,but these two also have certain limitations,such as the lack of reporting legislation,the vague positioning of complaints and the lack of procedural system operation,etc.Examining the practice,it can be found that the court’s attitude towards disputes concerning the disclosure of administrative information in universities has also loosened,from mostly dismissing the prosecution because they are not within the scope of accepting case,to trying to refer to the government information disclosure litigation for trial or dismissing the litigation request.This is a kind of breakthrough.Therefore,for the sake of better safeguards of the legitimate rights and interests of information applicants,it is the necessary way to explore the inclusion of administrative information disclosure by universities in the scope of judicial review.Theoretically,appeal finality for the disclosure of university autonomy information,and allowing lawsuits against the disclosure of university administrative information conforms to the principle of final judicial settlement,fits the actual governance demands of universities,and also balances the relationship between academic autonomy of universities and judicial supervision power.In addition,the legislative foundation of "the disclosure of administrative information within the scope of administrative litigation",the practical experience of public enterprises and public institutions in the field of information disclosure litigation,and the reference of "stones from other mountains" also emphasize the importance of the introduce litigation to the information disclosure relief work in universities.In order to further standardize the information disclosure behavior of universities and better protect the legal rights of teachers and students,it is necessary to build a diversified relief system for information disclosure in universities.On the one hand,it is necessary to integrate reporting and appeal channels,relocate internal appeals,and perfect the operational of the secondary appeal mechanism of colleges and provincial education administrative departments,further refine the appeal process,and integrate the function of administrative reconsideration into administrative appeals.Ensure that applicants for information in disputes related to the disclosure of autonomous information in universities can receive adequate relief after experiencing two levels of appeals.On the other hand,try to use administrative litigation relief as the final protective barrier for administrative information disclosure disputes in universities.Concurrently,refer to government information disclosure litigation to construct various systems of college administrative information disclosure litigation.There is no particularity in the distribution of burden of proof.