试论高等教育契约关系与教育消费选择权

A Tentative Study of the Contract Relation in Higher Education and the Selective Right of Educational Consumption

随着社会主义市场经济体制的逐步建立,高等学校与学生的法律关系发生了显著的变化,特别是高等教育成本补偿制度的实行,促使我国高等教育中的学校与学生的法律关系正逐步从特别权力关系向教育契约关系转变。教育契约关系的特点决定了必须尊重教育消费者的选择权,保障教育消费者的合法权益。

With a gradual establishment of the socialist market economic system the legal relationship between college and student has had a remarkable change. In particular, the implement of the cost compensative system of higher education has promoted a gradual transformation of the legal relationship between college and student in China's higher education from special authority to educational contract. The properties of the educational contracted relationship determine a necessary respect for educational consumers' actively selective rights, thus guaranteeing their lawful rights and benefits.