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ERIC Number: EJ749327
Record Type: Journal
Publication Date: 2006
Pages: 18
Abstractor: ERIC
ISBN: N/A
ISSN: ISSN-1061-1932
EISSN: N/A
Protecting the Right to Education and Responsibility of the Judge from the Judicial Standpoint
Yadong, Rao
Chinese Education and Society, v39 n3 p41-58 May-Jun 2006
The author of this article was the administrative judge in the People's Court in Haiding District, Beijing during the controversial lawsuit of Tian Yong, a college student required by his school to immediately withdraw from the school on the grounds of cheating. In this article, he relates how this particular case and others have given him a large amount of materials for his research on how to handle disputes in the education domain. He discovered that disputes arising from the following areas appear to be very common: (1) Unfair student enrollment practice; (2) Disagreements between students and schools in education activities; (3) Arbitrarily collected fees at enrollment and graduation; (4) Appointment-, compensation-, performance-, and punishment-related issues between teachers and schools; and (5) Operating schools by private parties. He discusses how resolving these administrative disputes is often difficult. As such, he contends that judges like himself should practice active thinking and exploration on the case. They should not just mechanically cite provisions of applicable laws in deciding the legal nature of the case, but instead analyze the factual and legal questions based on the spirit of law. (Contains 11 notes.)
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Publication Type: Journal Articles; Opinion Papers; Reports - Descriptive
Education Level: Higher Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: China (Beijing)
Grant or Contract Numbers: N/A