当代大学生权益保护的法律途径

Legal Ways to Protect the Rights and Interests of College Students

高校对学生的内部管理行为应当纳入司法审查的范围,学生可以通过民事侵权诉讼来保护自己的权益。高校对学生进行内部管理时,有可能侵害的权利是各种各样的,比如财产权、身体健康权、名誉荣誉权等民事权利。这些权利通过民事诉讼的途径进行救济争议不大,主要的问题集中在对学生的受教育权的救济途径上。宪法诉讼在我国目前的司法环境下不利于学生权益的保护,民事诉讼应该发挥其应有的作用。

The interior administration activities to college students within the ordinary colleges and universities should be brought into the scope of the checkup of the nation＇s administration of justice in order for college students to better protect their legal rights and interests through the channel of civil litigation. In fact, when conducting their interior administrations, the relevant departments within the ordinary colleges and universities may violate college students＇ legal rights of various kinds such as their right of property, right of health, right of reputation and the like. The legal redress for the above-mentioned violation of college students＇ legal rights won＇t be a big problem. But when it comes to question of how to find the legal redress to college students＇ right of receiving education, it is a hard nut to crack. Since the constitutional litigation system, under the nation＇s current judicatory environment, is not beneficial to the protection of college students＇ legal rights and interests, civil law litigation should give its full play for this end.