高校招生纠纷的可诉化及预防措施

Justiciability of College Enrollment Disputes and the Preventive Measures

高校招生自主权的法律性质、招生过程中高校的法律地位及招生过程中高校与学生的法律关系三方面的分析结果为高校招生纠纷可诉化提供了理论及现实依据。高校招生过程中可能被诉的教育纠纷主要存在于教育行政管理部门和高校两个层面,而产生纠纷的原因主要在于信息不对称,招生工作不透明;缺乏相关法律法规,监管力度不够;招生工作人员素质不高等。因此,完善招生立法、建立健全招生信息公开机制、高校重视《招生章程》的制定和实施、加大对违规违法行为的惩戒力度等是减少高校招生纠纷诉讼的有效途径。

The analysis result of the legal nature of college enrollment, the legal status of the university and the relationship of the university and students during the administration process provide theory and reality evidence of the justiciability of college enrollment disputes. The education disputes in the process of college enrollment mainly exist in the education administration department and the universities themselves. That the main reasons of these dis- putes are as follows ： the opaque enrollment process caused by information asymmetry, the lack of relevant laws and regulations and supervision, and the low quality level of admissions staff. Then some suggestions were proposed to reduce these disputes, such as perfect admissions legislation, improvement of the students＇ information public mechanism, attaching importance to its own regulations about admission, and increasing the intensity of punishment for illegal activities.