Abstract
Abstract The administrative remedy system for students of Higher education institution is an important issue in modern educational administrative law. How the relationship between institution and students is,which remedy or the related provisions could be adopted when students’ right have been infringed.All these are the urgent problem to be solved. With upsurge of right consciousness, more and more students pay much attention to the personal right. At the same time, the theories,regulations and judicial practice between cross strait had changed a lot, and will keep changing on.The theories goes through from special power relations,special law relations to contract relations.It is a process of strengthening the protection power on students’ rights,which their relation changes from inequality to equality gradually.The direction of legislation almost is corresponds with theories. The regulation of remedy system has been improved from substantive and procedural respects，which is based on the principle of protecting students’ right. Specifically,the remedy system includes appeal,administrative reconsideration and administrative litigation.In addition,legislative and practice influence each other. Improving Legislation will open the door of administrative litigation,and judicial practice from litigation can also accumulate experience,which will promote legislative and correct itself. Although the development direction of cross strait is resemble,the system still has deficiency,especially reflecting on the gap between regulation and practice in Mainland.Maybe it proves that China Mainland has not got free from the theory of special power relations.This paper is to compare the regulation and practice of both sides through comparative approach and empirical analysis. On the basis of comparison, the writer will put forward the feasible suggestions and steps. Key words:Right of students,Cross strait,administrative remedy,comparative study,empirical analysis.