高校法治与特别权力关系

The Relationship between College Legality and Special Powers

依法治校是我国行政法学界新关注的热点问题。近年来一些对高校的诉讼更是将对高校的依法治理问题的讨论置于公众的广泛关注之下。高校法治并不完全排斥特别权力关系理论,而需要吸收其合理内核,并做出一定的改良。通过引入法律保留、司法救济以及正当程序原则和禁止权力滥用原则等,完善我国的高校法治理论,对学生管理权的法治化进行有益的尝试,以期对实践有所指导。

To administrate colleges and universities in accordance with law is a hot topic in the field of administrative law in China. In recent years, some actions against colleges and universities made the discussion on the issue of administrating colleges and universities according to law be the focus of public attention. College legality does not exclude the theory of special power relation. It needs to adopt its reasonable kernel, and conducts some improvement by introducing legal reservation, judicial relief, the principle of due process, and the principle of forbidding abusing powers, etc. To improve the theory of college legality in China, and to make beneficial attempt to legalize the administrating power of students in order to provide guidance to practice.