论校园规则与法律的冲突

On the Conflict between Campus Regulations and the Law

高等教育体制的改革发展、素质教育的深入推进、教育产业化、学生是学校生存发展源泉,是教育管理中心、是教育服务对象、是自费上学的消费者的观念创新 ,已使一些多年失修、僵化保守校园规则必须应对始立之时就寓有的与法律法规冲突的公开化。深刻反思警省的结论是:校园规则的合法性与合理性只能存在于法律法规的框架之下 ;学生状告学校的准行政关系与准民事 (合同 )关系的选择不可能非此即彼,前者为主后者为辅的纠纷一般不适宜法院处理 ;国家相关立法必须跟进;校园规则的执行应引入合理透明的听证程序,建立校内优先协商、仲裁解决纠纷的有效渠道。

With the reform and development of the higher education system and the further progress of quality-oriented education, subtle changes have taken in the relations between students and the school and between students and teachers. The changes of these relations and social concepts have made the ossified and conservative campus regulations face the big challenge. Different disputes often occur between students and the school in various colleges and universities. To resolve the conflict between campus regulations and the law, the country's relevant legislation is needed. Also, a hearing should be held into drawing up and enforcing campus regulations, and a rational and effective mechanism for settling the disputes should be established.