中小学课外辅导服务纠纷的妥当解决研究

发布时间：2018-06-02 19:06

本文选题：中小学课外辅导行业 + 服务纠纷　；参考：《山东大学》2017年硕士论文

【摘要】：中小学课外辅导纠纷是指教育消费者与辅导机构在教育服务过程中产生的纠纷,相较于其他服务类纠纷,本文研究的纠纷具有如下显著特征:纠纷焦点较为集中,教育服务质量是否符合服务合同约定和服务合同效力认定是实践中最为常见的争议焦点;纠纷事实难以认定;纠纷主体力量失衡;纠纷类型日益复杂化,辅导机构侵权类纠纷与群体性纠纷时常出现于公众视野。当下中小学课外辅导服务纠纷解决现状并不理想。纠纷解决周期长,难以满足纠纷需要快速化解的现实需求;诉讼利用率低,诉讼在预防和化解中小学课外辅导纠纷的长处有待发掘;行政调解优势难发挥,无法发挥其在解决此类纠纷的天然优势;和解公平难实现,导致纠纷解决并不彻底。中小学课外辅导纠纷与其他服务纠纷最大的不同在于,教育服务领受者这一限制民事行为能力人涉入纠纷之中,因此化解此类纠纷的应然目标包括教育领受者保护和快速有效的化解纠纷。为实现上述目标,并改进中小学课外辅导服务纠纷的现状,笔者尝试性的提出如下几点方案。为挖掘诉讼机制在预防和化解纠纷的潜能,应在司法裁判中合理分配纠纷双方举证责任,引入司法建议和示范诉讼制度,来预防潜在纠纷和高效快速化解同类纠纷。充分发挥调解优势,重视行政调解在化解此类纠纷的独到优势,激活行政调解程序,使行政调解起到兼顾纠纷的解决与预防的功能。辅之以法院调解,实现调解协议"诉讼上的转化",快速高效的化解此类纠纷。推动和解公平化,健全辅导机构信用评价体系,以矫正纠纷双方失衡的力量对比,同时又要兼顾辅导机构的正当权利,防止矫枉过正。
[Abstract]:Extracurricular tutoring disputes in primary and secondary schools refer to the disputes between educational consumers and counseling institutions in the process of educational services. Compared with other service disputes, the disputes studied in this paper have the following remarkable characteristics: the focus of disputes is relatively concentrated. Whether the quality of education service conforms to the agreement of service contract and the validity of service contract is the most common dispute focus in practice; the fact of dispute is difficult to identify; the power of dispute subject is out of balance; the type of dispute is becoming more and more complicated. Tutoring agency tort disputes and group disputes often appear in the public view. At present, the status quo of extracurricular counseling service dispute resolution in primary and secondary schools is not ideal. Dispute resolution cycle is long, it is difficult to meet the actual needs of dispute resolution, the low utilization rate of litigation, litigation in the prevention and resolution of extracurricular tutoring disputes in primary and secondary schools to explore the strengths, administrative mediation advantages are difficult to play, Can not play its natural advantage in resolving such disputes; reconciliation and fairness is difficult to achieve, leading to the resolution of disputes is not complete. The biggest difference between extracurricular tutoring disputes in primary and secondary schools and other service disputes lies in the fact that the recipients of educational services are involved in the disputes, which restrict the ability of civil conduct. Therefore, the aim of resolving such disputes should include educating recipients to protect and resolving disputes quickly and effectively. In order to achieve the above goals and improve the status quo of extracurricular counseling service disputes in primary and secondary schools, the author tries to put forward the following proposals. In order to tap the potential of litigation mechanism in preventing and resolving disputes, we should reasonably distribute the burden of proof of both parties to disputes in judicial adjudication, and introduce judicial advice and model litigation system to prevent potential disputes and resolve similar disputes efficiently and quickly. Give full play to the advantages of mediation, attach importance to the unique advantages of administrative mediation in resolving such disputes, activate administrative mediation procedures, and make administrative mediation play the role of both dispute resolution and prevention. Supplemented by court mediation, the mediation agreement is transformed into litigation to resolve such disputes quickly and efficiently. It is necessary to promote the reconciliation and fairness, perfect the credit evaluation system of the counseling institutions, correct the imbalance between the two sides of the dispute, and at the same time, take into account the legitimate rights of the counseling institutions and prevent overcorrection.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.6;D922.16

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