民办高校校生纠纷的法律救济问题研究——以学生的受教育权为视角

Study on the Legal Remedy for the Disputes over Private Universities and Students —— In the Perspective of Students' Right to Education

民办高校作为我国高等教育体系的重要组成部分,在调节高等教育供求矛盾、实现高等教育大众化等方面做出了突出贡献。现阶段,我国的民办高校已经发展成为一个规模庞大的高等教育体系,其公益性与营利性并存的独特性质赋予了民办高校一定的非限制性发展空间,却也引发了层出不穷的受教育权纠纷。本文试图从受教育权概念的界定出发,在厘清民办高校学生受教育权法律关系的基础上,明确民办高校学生受教育权纠纷的性质类型和纠纷产生的原因,进而探究具有可操作性的法律救济途径。

Private universities, as an important part of higher education, have made outstanding contributions in regulating sup- ply and demand of higher education. At the same time, it also makes mass higher education possible. At present, our private universi- ties have developed into a large-scale system. The co-existence of public welfare and nonprofit natures endowed private universities cer- tain non-limiting develop space. However, it leads to more and more disputes of the right to education. This paper attempts to start with the definition of the concept of the right to education. On the basis of clarifying the legal relations of private university students＇ fight to education, it clears the types and causes of disputes. And then, the operability legal remedies are studied.