高校管理权与学生隐私权的冲突与调解

Conflict and mediation between the right of administration and students' privacy in higher institutes

高校管理权与学生隐私权的冲突从高校设立起就开始存在。随着我国社会主义法制建设的逐步推进,学生权利意识增强,近几年这两种权利的冲突趋于激烈。这种冲突的实质是利益的冲突。由于现阶段我国相关法律法规的不健全和不完善,这种冲突将在一个较长时期存在。要调解这种冲突,一方面依赖于国家相关法律法规的出台与完善,另一方面高校行使管理权时也必须遵循一定的原则。

The conflict between the right of administration and students＇ privacy exists in higher institutes has been existing since they are established, In recent years, with the development of the socialist legal system in our country and the increase of students＇ consciousness of the right, the conflict tends to be intense, which is virtually the conflict of benefit. Because of the imperfect of the laws and regulations concerned in China at present, the conflict will exist for a long period. To mediate the conflict, on the one hand it relies on the issue and the perfect of the law; and regulationsconcerned in our country, on the other hand certain principles must be adhered to when the higher institutes exercise their right of administration.