中国高等学校行政法律地位研究

Study on the Status of China's Colleges and Universities in Administrative Law

中国高等学校在行政法律关系中具有双重主体地位,既是行政主体又是行政相对人。一方面,作为法律法规授权的组织,高等学校拥有行政权力并依法行使行政管理权,是行政主体。另一方面,高等学校是政府行政管理的对象,是行政相对人,在自身权利受到侵害时有权提起行政诉讼。分析高等学校行政法律地位对于明确其在行政法律关系中的权利和义务、认定其行政法律责任,保护行政相对人的合法权益,促进依法治校,提高高等教育管理的法制化水平具有积极作用。

Colleges and universities in China play a dual role in administer law since they act as the adminis- trative subjects, as well as administrative counterparts. On one hand, colleges and universities, as organiza- tions authorized by law, are the administrative subjects that own administrative right and are allowed to exer- cise administrative power according to law. On the other hand, they are also objects of government adminis- tration, administrative counterparts. They are granted the right to initiate administrative proceedings when their legal rights are infringed. The analysis on the colleges and universities＇ status in administrative law has a positive effect in clarifying their rights and obligations in administrative law, determining their responsibili- ty for administrative law, protecting the administrative counterpart＇s legitimate interests, promoting the policy to rule the school by law and improving the legal level of higher education management.