构建高校与学生纠纷的多元解决机制

Building a Multi-settlement Mechanism of Disputes between University and Students

高校与学生纠纷(简称校生纠纷)与二元权力结构相关联,解决这类纠纷的目的是保障学生权益。现有的校生纠纷解决机制存在诸多不足,需要完善和改进。本文提出,在解决高校与学生的纠纷中,可采用包括协商、调解、申诉、行政复议、教育仲裁等非诉讼解决途径为主,诉讼解决途径为辅的多元解决方式,并在各种纠纷解决方式之间逐步建立起统一协调、良性互动、功能互补、程序衔接的有效机制。

The particularity of universities and Students disputes （for short student-university disputes） is the dual power structure in its contradictions, and the essence of the dispute settlement mechanism is the interests protection mechanism for students, and the basic requirements and guarantee of the university management of the rule of law. Facing the diverse conflicts between universities and students, many problems in present resolution mechanism emerged. Thus we must adopt muti-resolution pattern consisting of consultation, mediation, appeals, administrative review, education arbitration, litigation and other solutions based on non-litigation and supplement of litigation to resolve disputes in diverse ways. Furthermore, to establish an effective mechanism between the various dispute resolution with an unified coordination, benign interaction, functional complementation and connected procedure.