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Developing the Appeal System for Chinese University Students: A Combination of Sustainable Construction and Social Needs

https://doi.org/10.15826/umpa.2021.04.040

Abstract

The appeal system for Chinese university students is created and implemented by the state. But not a single system launched «from above» will function without being demanded by society. And in order to identify a particular demand, it is necessary to make empirical investigations (especially in-depth interviews) and to carefully analyze the first-hand data obtained. Such studies revealed the social demand for protecting the students’ rights; for controlling the actions of higher educational institutions’ administration; for reducing the burden on the courts forced to participate in resolving conflicts between the university and its students. It was due to this demand that the state developed a system of appeals for university students and made it come from paper to practice. Thus, the results of our analyzing the stage-by-stage creation, implementation, and improvement of the appeal system for university students in China, as presented in this research article, not only reflect the advantages of grass-roots promoting state policy, but also indicate the importance for the Chinese government to take into account social needs and respond to them.

About the Authors

Ze Li
Shanghai University of Political Science and Law
China

Li Ze – Associate Professor

7989 Waiqingsong Road, Qingpu District, Shanghai, 201701



Yingming Liu
Shanghai University of Political Science and Law
China

Liu Yingming – Associate Professor

7989 Waiqingsong Road, Qingpu District, Shanghai, 201701



References

1. Jones C. M. In Loco Parentis and Higher Education: Together Again? Charleston Law Review, 2007, vol. 1, pp. 185–206. (In Eng.).

2. Jackson B. Comment, The Lingering Legacy of In Loco Parentis: An Historical Survey and Proposal for Reform. Vanderbilt Law Review, 1991, vol. 44, pp. 1135, 1144. (In Eng.).

3. Kaplin W. A., Lee B. A. The Law of Higher Education: A Comprehensive Guide to Legal Implications of Administrative Decision Making, Jossey-Bass, 3rd ed., May 1995, pp. 371–374. (In Eng.).

4. Latourette A. W., King R. D. Judicial Intervention in the Student-University Relationship: Due Process and Contract Theories. University of Detroit Law Review, 1988, vol. 65, pp. 199–258. (In Eng.).

5. Lewis C. B. The Legal Nature of a University and the Student – University Relationship. Ottawa Law Review, 1983, vol. 15, pp. 249–273. (In Eng.).

6. Lake P. F. The Rise of Duty and the Fall of In Loco Parentis and other Protective Tort Doctrines in Higher Education Law. Missouri Law Review, 1999, vol. 64, pp. 1–28. (In Eng.).

7. Szablewicz J. J., Gibbs A. Colleges’ Increasing Exposure to Liability: The New In Loco Parentis. Journal of Law and Education, 1987, vol. 16, pp. 453–465. (In Eng.).

8. Walton S. J. Comment, In Loco Parentis for the 1990s: New Liabilities. Ohio Northern University Law Review, 1992, vol. 19, pp. 247–270. (In Eng.).

9. Wu Wande. Discussion on Theory of Special Power Between German and Japan. Tribune of Political Science and Law, 2001, nr 5, pp. 131–135. (In Chinese).

10. Huang Xuexian. Research and Practice Development of the Special Power Relationship Theory: On the Future Position of the Special Power Relationship Theory in China. Journal of Soochow University (Philosophy & Social Science Edition), 2019, nr 5, pp. 61–65. (In Chinese).

11. Wu Peng. The Theory of Special Power Relations and Administrative Litigation of the Right to Education in China. Journal of Chinese Academy of Governance, 2011, nr 3, pp. 72–73. (In Chinese).

12. Stoner II E. N., Lowery J. W. Navigation Past the «Spirit of Insubordination»: A Twenty-First Century Model Student Conduct Code With a Model Hearing Script. Journal of College and University Law, 2004, vol. 31, nr 1, pp. 1–78. (In Eng.).

13. Yin Xiaomin. Research on University Student Appeal System. Higher Education Exploration, 2004, nr 4, pp. 24–26. (In Chinese).

14. Qin Huimin. Characteristics of the Students’ Management System of Higher Education from the Perspective of Administering University by Rule of Law. China Higher Education, 2004, nr 8, pp. 11–13. (In Chinese).

15. Zhang Xaiofang, Xu Junwei. Research on the Appeal System of College Students from the Perspective of Jurisprudence. Journal of Ningbo University (Education Science), 2005, nr 2, pp. 70–72. (In Chinese).

16. Zhang Xueliang. University Student Appeal System from the Perspective of Law. Journal of National Academy of Education Administration, 2006, nr 7, pp. 51–54. (In Chinese).

17. Zhan Zhongle. Research on the Intramural Appeal System of University Students (Part 1). Journal of Jiangsu Administration Institute, 2007, nr 5, pp. 96–101. (In Chinese).

18. Chen Hanbing. Analysis of the Appeal and Hearing System of University Students in China. Hubei Social Sciences, 2011, nr 9, pp. 170–172. (In Chinese).

19. Li Ze. Sociology of Law Study on Student Appeal System in Universities: Taking Universities in Beijing as Research Samples. Journal of Jishou University (Social Sciences), 2011, nr 3, p. 135. (In Chinese).

20. Xia Min, Jiang Ying. Considerations on the Rule of Law of Student Appeal System in University. Jiangsu Higher Education, 2009, nr 5, p. 107. (In Chinese).

21. Chen Xiaohua. The Practical Dilemma and Optimization of College Student Appeal System. Higher Education Exploration, 2018, nr 1, p. 39. (In Chinese).

22. Geng Huachang, Wan Xuan. Analysis on the Value of University Student Appeal System. Education Exploration, 2010, nr 6, p. 32. (In Chinese).

23. Sun Bo. The Theory and Practice of the Protection of Students’ Appeal Rights in Public Universities in the United States – Concurrent Discussion on the Guarantee of the Students Appeal Right and the Protection of the Student Appeal System in China Universities. Politics and Law, 2016, nr 6, p. 103. (In Chinese).


Review

For citations:


Li Z., Liu Y. Developing the Appeal System for Chinese University Students: A Combination of Sustainable Construction and Social Needs. University Management: Practice and Analysis. 2021;25(4):120-133. (In Russ.) https://doi.org/10.15826/umpa.2021.04.040

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ISSN 1999-6640 (Print)
ISSN 1999-6659 (Online)