变革社会中高校与学生关系的法律辨析

Legal Analysis of the Relationship Between Universities and Students in Social Changes

当前高校与学生纠纷的产生可以从二者关系的变化找到根本原因。高等教育领域的改革使得高校不仅是行政管理者,还具备了经营者的身份。学生是受教育者和不完全消费者的统一体。传统的一元结构定位导致高校侵犯学生消费权益的事件时有发生。应确立学生的消费者地位,将高校作为经营者的行为纳入市场竞争法的规制中。高校依据教育法律法规规定行使管理权时是行政管理者,而在行使自主管理权和后勤管理权时则应是提供服务的经营者。

Currently, changes of the relationship between universities and students maybe the fundamental reasons that lead to the disputes between both sides. After the higher education reform, universities are not only educational administration managers but also operators and students have dual identity of educated persons and incomplete consumers. Traditional unitary-- structured position often brings to the cases that universities violate students＂ interest. Students＂ consumer status should be established and universities included into market competition system as operators. Universities play a role as administrators when they perform the right of management according to the law of education, while they are operators providing services when they perform the right of self--management and logistics management.