论高校自治与大学生受教育权的保护

On University Autonomy and the Protection of Student Right to Education

近来,大学生诉高校案件接连不断,这反映出高校自治与大学生受教育权之间存在着紧张的关系。这种紧张的关系主要是立法的缺陷尤其是空白性授权、高校内部管理失范、行政体制的缺陷以及回应型司法的缺失造成的。高校自治与大学生受教育权从紧张走向和谐,需要准确认识二者的辩证统一关系,从立法上保证高校自治的能动性,加快高校的良法自治进程,并完善受教育权的救济渠道。

Recently, a succession of complaints are filed by students against their universities, reflecting the tension of the relation between university autonomy and the student right to education. This tension is caused by many factors such as defects in law, inadequate administration of universities, defects in government administration and judicature. In order to bring university autonomy and student right to education into harmony, we should understand the dialectic and unified relationship between the two and ensure university autonomy by legislation, accelerating the process of university autonomy and perfecting help channels of the fight to education.