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| The system construction of the relief mechanism for the rights of British college students and its enlightenment |
| YAO Rong, QIU Lanhuan |
| （Institute of Higher Education, East China Normal University, Shanghai 200062, China） |
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Abstract Traditionally, the regulation of the legal relationship between higher education institutions and students in the UK has been bound by the doctrine of in loco parentis. Since the late 1980s, through the influence of multiple regulatory channels such as legislation, government regulation and judicial supervision, the closed pattern of student rights remedies in higher education dominated by Visitor has been broken, which shaped the regulatory space for student rights remedies in higher education, with consumer rights protection and human rights protection and antidiscrimination as the core. A variety of mechanisms for redressing student rights, including student complaints and appeals, OIA and judicial proceedings, have been established. On the premise of applying the principle of academic deference and exhausting internal remedies, the rational distinction and value balance between autonomy and rule of law, and the promotion of the articulation and complementarity between internal remedies, external nonlitigation remedies and judicial remedies constitute the basic rules and evolutionary logic of the construction of the system of student rights remedies in UK higher education institutions. Drawing on the experience of the UK, we urgently needs to clarify and distinguish the jurisdiction scope and function of various higher education institution student rights relief mechanisms, give full play to the special role and buffer function of the nonlitigation dispute resolution mechanism, establish an effective linkage mechanism between the internal relief and external relief channels of colleges and universities.
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