我国教育仲裁制度的建构研究——一种解决教育纠纷的新途径

The Constructive Research on Educational Arbitration System in China——A New Solution to Educational Disputes

为了对教育纠纷进行及时化解和妥善疏导,以保护学生、教师、学校的合法权益,根据我国当前教育纠纷解决路径的现状,应尝试构建一种新的教育纠纷解决途径———教育仲裁。教育仲裁的特点是保证学校在对教学活动进行依法独立管理的前提下,既能保证学生的合法权益,又能发挥国家教育主管部门的监督管理与指导权能。教育仲裁具有效益性、公平性和可操作性,能及时有效地化解教育纠纷面临的问题,必将成为教育法律纠纷解决的新途径。

With the continuous deepening of educational system reform, all kinds of educational disputes are increasing rapidly. In order to guarantee the healthy and stable development of educational cause, educational dispute solution mechanism must be established and amplified to dispel and relieve the educational disputes in time and properly so as to protect the legitimate rights and interests of students, teachers and schools. According to our status quo of educational dispute solution routes, we should try to construct a new solution route to the educational disputes--educational arbitration. The characteristic of educational arbitration is not only to guarantee the students＂ legitimate rights and interests, but also to give full play to the supervision administration and guiding competence of state educational departments on the premise of ensuring the lawful independent management on the teaching activities by schools. Educational arbitration is beneficial, fair and operational. It can effectively dispel the educational disputes in time, which will become an important new way to solve the educational legal disputes.