高校与学生间教育行政法律关系解析

The Analysis about the Legal Relation of the Educational Administration between the Universities and Students

随着高等教育体制改革深化,高校在履行各项管理职能过程中同在校生之间的法律关系呈现多样化、复杂化趋势。其中高校同在校生间因教育行政管理而产生的教育行政法律关系最为复杂,体现在学籍管理、学位学历证书核发、纪律处分、处罚等方面。高校的行政管理权应在法律授权范围内行使,对影响到学生受教育权等重要权利的行政处罚应赋予学生司法救济途径。

With the deepening of the higher education structural reform, the awareness of laws among the undergraduates is becoming a various and complicated tendency, which in college every management function is carried out in the management process. However, the most complicated part is the legal relation of the educational administration that produced by undergraduates, which it has been shown in many aspects su,：h as students＇ status management, the issuance of diploma, disciplinary sanction etc. Above all, executive power of university should be used within the authority of the law and it had better provide a synonym of assistance for undergraduates to protect their rights on executive sanctions.