教育诉讼下高校和学生权利与义务的重新认定

The Re-affirm of the High School and Student's Rights and Duties under the Educational Litigations

教育诉讼行为的本质是对高校与学生权利义务的调整过程。高校在特别权力关系的影响下,固然有对相对人概括的支配权力,但涉及学生一般公民的基本权利和作为受教育者的基本权利要有法律依据。当然学生权利不是普通公民权利和受教育权利的集合,它要受教育目的和管理目的的合理限制。

The essence of the educational litigations is the adjustment process to the high school and student＇s rights and duties.The high schoos has the general dominative power to the opposite person under the influence d the special rehtionship between school and student. But the student＇s rights involving the civil basic rights and educational rights were guaranteed by hw.Certainly the student＇s right is not the simple assemble d common civil rights and educational rights. It is reasonably restricted by the purpose of management.