Current location - Education and Training Encyclopedia - Graduation thesis - Take the case of Luo Caixia as an example, analyze the legal relief of students' rights, and write a paper.
Take the case of Luo Caixia as an example, analyze the legal relief of students' rights, and write a paper.
College students are always a sensitive word; The rights of college students have always been concerned. Whether creating new educational ideas or promoting "university autonomy" under the background of the rule of law shows the urgency and necessity of protecting students' rights. However, the Luo Caixia case, which has attracted much attention, has been delayed for one year due to jurisdictional objections after it was submitted to the court, and has not yet opened. Luo Caixia was impersonated to go to college, but he never got a legal statement, which caused widespread public discussion. Apart from some emotional comments, we noticed that it took more than eight months to deal with jurisdictional objections alone. It seems that Luo Caixia's brave struggle without losing too much interest shows a new jurisprudence: she not only defends her own legal rights, but also defends the legitimate interests of the country, society and more students. If Luo Caixia enters the litigation procedure, then this litigation is obviously different from ordinary civil litigation and foreign-related public interest litigation, and it will be a compound litigation. Wang Jiajun's impersonation is not only suspected of directly infringing on the legitimate interests of Luo Caixia citizens' rights, but also directly infringing on the legitimate interests of the state administrative order. From the perspective of legal research, Wang Jiajun impersonated Luo Caixia and was suspected of violating his name right and university entrance right. At the same time, his act of forging student status files is also suspected of violating the Regulations on Education Administration and the relevant laws of national official documents and archives management. Therefore, impersonation is suspected of infringing on the civil rights of others and the interests of state management order, which is the concurrence of two illegal acts and may bear more than two different legal consequences at the same time. Wang Jiajun's imitation is a kind of conspiracy. Therefore, the people involved in the conspiracy should bear the legal consequences of their actions at the same time, including Wang Fu and other people involved. The actions of Wang Fu and other officials are suspected of violating civil law, education law and other administrative laws, as well as violating civil servant discipline and criminal law by abusing power for personal gain and taking bribes. It can be seen that this kind of impersonation is suspected of infringing Luo Caixia's right to name, examination and admission, as well as various legitimate interests such as the order of national education examination, the management order of national official documents and archives, the discipline of party member, and the discipline of civil servants. Therefore, as far as the Luo Caixia incident is concerned, Luo Caixia's rights, the order of national education examinations, the right of media coverage, the discipline of civil servants and the inner-party discipline of the ruling party are all interests that should be protected by law, and the only interests that should not be protected are the false interests, human feelings and face interests of Wang Jiajun's father and daughter. In this era of diversified interests, always paying attention to the legitimacy and legality of various interests has become the primary issue in legislation, law enforcement, justice and law-abiding activities. Luo Caixia has set an example for millions of candidates to fight for a fair right to education through brave prosecution. Judges who are proficient in law and have jurisdiction should consider the social impact of this case, further improve the efficiency of litigation, and more consciously assume the responsibility of realizing fairness and justice. More crucially, college students have dual identities in the specific period of receiving higher education. First, they are citizens of the country. Second, they are citizens who are educated at school. Therefore, college students not only enjoy the general legal rights as citizens, but also enjoy the special legal rights as educatees. The rights of college students are endowed by national laws and regulations and protected by law. The legitimacy of college students' rights and interests not only requires college students to realize their legitimate rights and interests according to law; Colleges and universities must also protect and realize the legitimate rights and interests of college students, including their right to receive educational relief. There are two main ways to relieve college students' rights, one is administrative relief, and the other is judicial relief. Colleges and universities are legal entities, but when authorized by laws and regulations or entrusted by administrative organs to exercise administrative functions, they can also play the role of administrative subjects and should follow the basic principles and procedures of administrative law. As a special administrative relationship, the management relationship between colleges and students should be included in the scope of accepting cases in administrative litigation. However, up to now, there is still no legal and effective judicial interpretation that clearly stipulates the defendant qualification in administrative litigation in colleges and universities, which has become the direct reason why many courts still refuse to accept such administrative cases, and it is also an important obstacle for students to seek judicial relief when their rights are violated. The management of students' status, academic qualifications and degrees in colleges and universities involves the most important rights of students. It seems unreasonable that citizens who are fined for violating traffic regulations can bring administrative proceedings, but they cannot bring administrative proceedings when it comes to students' most important rights. The law should clearly stipulate the adjustment of this social relationship, that is, give the educated more relief channels. The application of judicial procedures to resolve disputes over college students' rights can effectively supervise colleges and universities to exercise the management power entrusted by laws and regulations, help resolve the contradiction between students and colleges and maintain social stability. In administrative law, the administrative counterpart can not only get relief through administrative litigation, but also protect his rights and interests through another relief method afterwards-administrative reconsideration. Administrative reconsideration is the main way of administrative relief in China, and it is also the supervision and error correction mechanism within the administrative system. Administrative reconsideration is very beneficial for students in a relative position to seek legal relief, which can not only reduce the litigation burden of all parties, but also ensure the continuity and stability of administrative order. In order to end the current situation that there is no remedy for infringement in colleges and universities, the educational administrative reconsideration system should be established as soon as possible, and the educational administrative behavior should be clearly stipulated in the administrative procedure law. Only in this way can colleges and universities be bound by the basic principles of administrative law and the norms of administrative procedures, as well as the supervision of the administrative department of higher education and the judicial review of the judicial organs when making decisions that have great influence on the relative people; Only in this way can colleges and universities not be allowed to violate the basic rights of the educated at will, and can the principle of administrative rule of law be successfully realized.