I. Necessity and Urgency of Establishing and Perfecting the Legal Consultation Room in Colleges and Universities With the promulgation and implementation of the new "Regulations on the Management of Students in Ordinary Colleges and Universities" by the Ministry of Education, the relationship between colleges and students has been clearly defined as a specific legal relationship, and both parties enjoy their respective rights and fulfill their respective obligations. In this case, the cultivation of college students' legal awareness and the issue of college students' rights protection have increasingly become the focus of attention of major universities. Therefore, it is not only necessary but also urgent to strengthen the construction of legal consultation rooms in colleges and universities and build an effective platform for college students to safeguard their rights and cultivate their awareness of the rule of law.
1) It is a realistic need to develop legal education to improve the legal quality of college students. Some college students have a strong sense of rights and a weak sense of obligations. The school is the organizer and manager of education and teaching, and enjoys autonomy in running schools according to law. As the subject of legal relationship, students enjoy the right to education and other civil rights according to law. The legal relationship between schools and students is relative. The rights of schools are the obligations of students, and the rights of students are the obligations of schools. The two are interrelated and indispensable. Only by correctly handling the rights and obligations between them and effectively protecting the legitimate interests of students and schools can we truly run schools according to law. At present, some college students only pay attention to their own rights, such as getting a degree and getting financial aid, but rarely agree with the academic management, disciplinary action and the obligations of college students. For example, paying tuition fees is a typical obligation of college students, which is clearly stipulated in the Higher Education Law. Although "Higher Education Law" has been implemented since 1999, a considerable number of college students have a weak sense of law and fulfilling their obligations, but they deliberately fail to pay tuition fees, default on tuition fees, or divert tuition fees for other purposes. Tuition is an important part of college education funds. Insufficient payment of tuition fees directly affects the construction and development of schools, and also makes students' learning conditions not guaranteed. In addition, students who do not pay fees occupy the educational resources of students who consciously fulfill their obligations, which is unfair to students who pay fees on time, but it is not recognized by a considerable number of college students.
Some college students' understanding of the role of law is biased and their legal concept is weak. There is such a group of surveys in China Youth Studies, which are aimed at junior students in a university. 1% people have no confidence in the justice of the law if you are involved in litigation, while 58. 1% college students are not confident enough and 6.8% people have no confidence at all. Is everyone equal before the law? 79.9% of people answered "inequality" in the first place, 12.8% answered "inequality" in the second place, and only 9.5% thought it was "equality". "When your legitimate rights and interests as a consumer are infringed", 23.3% of students will take a negative attitude of admitting that they are unlucky. For "the law does not blame the public"
6% students think it is correct; X, -j- it is illegal to open other people's letters without permission, 10% of the students think it is not. At the same time, in recent years, the crime problem of college students is on the rise. A survey by Kang Shuhua, a law professor in Peking University, shows that in 1965, juvenile crimes account for about 33% of the total social criminal crimes, among which college students account for about1%; During the "Cultural Revolution", juvenile delinquency began to increase, accounting for 60% of all criminal offences, of which college students committed 2.5%. In recent years, juvenile delinquency accounts for 70% to 80% of social criminal crimes, among which the crime committed by college students is about 17%. From these data, we can see that college students' understanding of the role of law and the concept of legal system is very insufficient.
2) Management according to law is an urgent need to safeguard the legitimate rights and interests of college students. Some people think that the establishment of legal consultation rooms in colleges and universities should only meet the hope of students' rights protection in form, and should not really take students' rights protection as the main work; Others believe that setting up a legal consulting room in colleges and universities is undoubtedly "shooting yourself in the foot", which may lead to a high awareness of college students' rights protection and adversely affect the management of college students. We believe that this idea is wrong and does not conform to the modern concept of rule of law and the reality of modern college student management. On the contrary, only by strengthening the construction of legal consultation rooms in colleges and universities and building a platform for teachers and students to safeguard their rights can we strengthen and improve the management of college students and implement the rule of law.
At present, the present situation of college students' rights shows the characteristics of both right disregard and infringement. In recent years, colleges and universities have violated students' rights from time to time, mainly in the following aspects:
The first is the violation of students' right to education. For example, some schools have expanded the scope of conditions for expulsion by virtue of their own school rules and disciplines, including lodging with the opposite sex, taking drugs, gambling and stealing, and depriving some students of the right to education.
The second is the violation of students' property rights. For example, some schools keep students' property without their consent on the grounds that it is unsafe for them to keep it; Some schools charge students "unreasonable fees" or raise the price of daily necessities for students without approval.
The third is to infringe on students' right to fair evaluation. Judging from the existing cases of students suing their alma mater, the school's violation of this right is mainly the failure to issue degree certificates. Some schools link the graduation qualification or degree qualification of undergraduates with CET-4 scores, unpaid tuition fees and loan repayment.
Fourth, the relevant provisions in the rules and regulations formulated by the school conflict with laws, regulations and rules. Some internal management systems formulated by colleges and universities often limit rights and increase obligations when they involve some basic rights and obligations of school staff and students. For example, some schools are not standardized and set their own fees and fines.
Fifth, the rights of college students are often violated outside the school, the most prominent being the fraud and employment trap that college students encounter in their usual social practice and employment process. Many students who practice work-study programs have experienced the situation that employers don't buy it; For fresh graduates, it is easy for employers to use the "probation period" to infringe on the legitimate rights and interests of college students, such as recruiting a large number of short-term employees and not signing labor contracts. After the probation period, they will be dismissed under various excuses. This kind of hidden infringement often makes college students feel unlucky because they have nowhere to complain.
Second, the problems existing in the construction of legal advisory offices in colleges and universities, taking Jiangxi Province as an example. Only Nanchang University, Jiangxi Normal University, Gannan Normal University, Jiangxi Science and Technology Normal University and other universities have established legal education consulting institutions and student associations, but there are still some universal problems. It can be said that the construction of legal consultation room in colleges and universities is still in its infancy.
1) The role of legal consultation rooms in colleges and universities has generally not been paid enough attention. At present, the Communist Youth League, student unions, societies and other organizations in some colleges and universities actively represent and safeguard the legitimate rights and interests of college students by participating in the teaching, scientific research, management and service of the school. Some colleges and universities have also set up special rights protection organizations and institutions, set up rights protection mailboxes and built college students' rights protection websites. These rights organizations and institutions have played an active role in safeguarding the legitimate rights and interests of college students. However, due to the lack of attention from schools, there are still problems such as irregular organization, insufficient investment in human and financial resources, and low participation of students.
(2) The function orientation of the legal adviser's office in colleges and universities is single. At present, the related institutions and student associations established in colleges and universities generally have the problem of single functional orientation. Some legal consulting institutions set up in colleges and universities only aim at providing students with legal advice and solving practical problems, or just as a tool to alleviate school conflicts, and do not fundamentally provide feasible solutions for students to enhance their legal awareness and safeguard their legitimate rights and interests. However, some colleges and universities have set up legal publicity committees with different names (some schools call them legal publicity working groups) or established legal professional associations (such as law societies) to promote legal education in colleges and universities, but its disadvantage is that it only instills basic legal knowledge for students and cannot provide professional and practical legal consulting services for students.
3) The operating mechanism of legal consultation rooms in colleges and universities is unscientific. Take college students' rights protection as an example. At present, there are several widely used operating mechanisms, but each one has some great shortcomings:
Organization-social type. In this model, organization is the core. The implementation of rights protection mainly depends on organizational operation, society (such as legal aid, policy guidance, news supervision, public opinion support, moral maintenance, etc. ) plays an auxiliary role. Its disadvantage is that irregular social intervention is not only not conducive to the solution of the problem, but also may have an adverse impact on the normal teaching management order of the school, which is not conducive to the stability of the school.
Organization type. The student rights organization established by the school (specially established by the school or established in the Youth League Committee) carries out rights protection within the school, except for the legal issues directly involved, which generally does not involve the society. Its shortcomings are: the lack of social support, the power of safeguarding rights is too small, and it is likely to exist in name only, just giving suggestions to schools to improve their work; Students' trust is the lowest, or they think that the school can't infringe on their rights and defend their rights, or they doubt the reliability of the Youth League Committee students' speaking for students; The mobilization and participation of students are not high, and the depth and breadth of rights protection are not enough.
Types of student associations. That is, students themselves set up special student rights protection organizations according to the regulations to engage in the work of college students' rights protection. Its shortcomings are obvious: the authority is the lowest, and people often regard other rights protection work as the general activities of student associations, ignore it or even turn a blind eye; Maintain the minimum strength; It is the easiest to form the opposition between students and schools; It is easy to generalize the concept of safeguarding rights for management reasons, abuse the means of safeguarding rights, make the work of safeguarding rights disorderly, and even strongly impact the management of schools.
3. Thoughts on strengthening the construction of legal consultation rooms in colleges and universities. The organization of setting up the legal consultation room in colleges and universities combines the present situation and development of China's higher education, the goal of running a school according to law, and the current situation of college students' legal awareness and rights protection work. The author thinks that the operation mode of the legal consultation room in colleges and universities is more suitable for the organization-Futu Group, that is, while setting up the school or student office and the Youth League Committee as the legal education, consultation and rights protection institutions for college students, a special law student association under the guidance of the legal consultation room is established to cooperate with the organization work of the school. Compared with other modes, this mode mainly has the following advantages: due to the existence of formal institutions, students have a high degree of trust in rights protection institutions and are easy to obtain psychological recognition, so it is easy to get support for their work, and it can also reduce the generalization and disorder of rights protection and ensure the normalization of rights protection work; At the same time, the activities of student associations make students participate in a large number, which can better mobilize the enthusiasm of students, inevitably extend the tentacles of work, and expand the depth and breadth of legal education and rights protection work.
2) The responsibilities of the legal advisory office in colleges and universities should be positioned as a professional service organization with legal education, legal consultation and legal service as its main responsibilities. Its job responsibilities should mainly include the following aspects:
Responsible for the publicity and popularization of relevant legal knowledge, strengthen the legal popularization education of college students, cultivate students' legal awareness and comprehensively improve legal quality.
Put forward opinions and suggestions on the formulation and revision of student management rules and regulations from the legal point of view, and strengthen the publicity of school rules and regulations. The rules and regulations of a school embody the humanistic spirit of a school. In practice, under the guidance of people-oriented Scientific Outlook on Development, we must establish scientific and standardized student management rules and regulations to ensure that they are consistent with national laws, regulations and rules. In this process, the legal consulting room should and can provide legal support for the school.
Take the initiative to provide students with free legal consulting services, such as how to exercise the right to appeal, the limitation of appeal, the time limit for defense, and how to relieve the students who are still dissatisfied with the appeal results, so as to safeguard the legitimate rights and interests of college students and alleviate various contradictions.
Responsible for the discussion and exchange of legal education and legal consultation, and actively explore the characteristics and laws of college students' legal knowledge imparting, legal awareness accompanying and effective protection of rights and interests under the new situation. (III) Guarantee and staffing of the operation of the legal advisory office in colleges and universities To really play the role of the legal advisory office in colleges and universities, we must first increase the investment in funds and equipment, establish and improve the organization of the legal advisory office in colleges and universities, and equip full-time and part-time personnel who are competent for legal education, consultation and safeguarding the rights and interests of college students in modern colleges and universities.
It is necessary to increase investment in equipment and funds. On the one hand, it is necessary to set up fixed office space, consulting room and other places dedicated to serving students. At the same time, the school should set up special funds for legal consultation room, carry out legal education and provide legal advice for students.
In view of the present situation of legal education and consultation in colleges and universities, the legal consultation room in colleges and universities should be initially positioned as a permanent institution in colleges and universities. In order to facilitate the work, especially considering the characteristics of student affairs in colleges and universities, the author thinks that the legal consultation room in colleges and universities should be attached to the student affairs office (department) or the Youth League Committee.
At the same time, we should closely contact and cooperate with the political and legal departments and make full use of the professional teachers' resources and legal professionals in the political and legal departments. In addition, it is necessary to establish or strengthen legal professional associations (such as law societies), fully support and cooperate with the work of legal consultation rooms in colleges and universities, increase legal education and safeguard power in colleges and universities, and expand students' participation.
The legal advisory office of colleges and universities should have a full-time person in charge, a standing person in charge and several deputy personnel. The person in charge shall be the principal person in charge of the Student Affairs Office or the Youth League Committee, and the executive person in charge shall be the relevant personnel of the political and legal departments. Considering the complexity and extensiveness of the work, other members should be composed of law teachers from the Political Department and the Student Affairs Office (room) or relevant personnel such as the Youth League Committee, the Propaganda Department and the Security Office. It is best to hire one or two social legal experts as consultants to guide the work of the legal consulting room in combination with social legal phenomena and cases.
Considering the continuity and routine of work, the legal consulting room in colleges and universities should set up daily affairs offices, such as the legal affairs office, which is responsible for the daily affairs management and the appointment reception of student consultation, and its staff should be legal professionals.
4) The working system and platform of the legal consultant office in colleges and universities. In view of the non-institutional nature of the legal consulting room in colleges and universities, we should establish a regular meeting system, summarize and arrange relevant work through regular meetings, communicate and exchange legal education and consulting work experience, analyze and discuss campus legal phenomena, and further improve and perfect the work.
Regularly carry out legal advisory services. Responsible for students' consultation and appointment reception through the daily affairs office set up by the legal consultation room or legal affairs office in colleges and universities; At the same time, appropriate arrangements are made for professional teachers to provide students with free legal consulting services. On the one hand, when the legitimate rights and interests of college students in our school are infringed by subjects outside the school, legal advice and suggestions are provided free of charge to provide students with timely legal consulting services and correct guidance; On the other hand, answer students' questions about laws, regulations, rules, policies and school student management system, strengthen college students' legal literacy, give full play to the propaganda and education functions of laws, regulations and school rules, and guide students to abide by the law; At the same time, through the contact with the student violation complaint system, coordinate the student education management and alleviate various contradictions in the school.
Hold training courses on legal knowledge. It is necessary to focus on legal knowledge education and training for student management cadres, full-time counselors, part-time class teachers and major student cadres, and promote the process of running schools according to law.
Carry out legal knowledge exchange, interpret campus laws and regulations, exchange legal experience, answer legal questions, analyze typical cases and improve college students' legal quality. Among them, it is a very important way to publicize and popularize legal knowledge by strengthening the guidance of legal professional associations and mass organizations.
Build a network. The legal consulting room in colleges and universities should arrange for members of institutions to contact departments, establish a system of professional teachers contacting classes, and set up legal committees in students' unions and classes at all levels to form a network of legal learning, publicity and application in the whole school. Assist party organizations at all levels in schools to carry out legal popularization education.