论学校与学生的行政合同法律关系

On Legal Relation of Administrative Contract between Universities and Students

招生环节的行政合同特征决定了学校与学生之间在学生就读的整个过程中都属于行政合同法律关系,而不是笼统的行政法律关系或民事法律关系。学校与学生之间行政合同法律关系的确立有利于正确认识和界定学校的管理权限,保护学生的合法权利,实现学校的法治。

There exist several opinions about the legal relation between universities and students. However, all of them are unreasonable and vague. According to educational systems in some related countries, there are two sorts of legal relation, administrative relation and contract relation. The traits of administrative contract in student recruiting determine that the only relation between universities and students is administrative contract relation instead of other general relations such as administrative or civil relation. The establishment of the administrative contract relation between universities and students is of great significance in understanding and defining the administrative rights of university authority properly, protecting student rights and achieving the rule of law in high school.