学生权益冲突的动态博弈:表现、成因与化解

Dynamic Game of Student Rights Conflict:Performance、Origin and Resolve

依法治国基本方略全面实施,依法治校进程不断加快,高校学生群体身份的特殊性愈加显现,其依法享有的公平接受高等教育权、名誉权、评价权、财产权等诸多合法权益容易受到忽视甚至侵犯。究其原因,既有客观上高等教育管理规制的滞后、传统管理模式的层级僵化,也有学生对权益的主观认知模糊。高校要在法律本原指引下,遵循教育公平的价值指向,坚持以人为本的指导思想,奉行正当程序理念,建立健全学生权利救济制度,尊重学生合理合法的权利救济和利益诉求,促进合情、合理、合法地化解高校与学生之间的法律纠纷,推进依法治校目标的实现。

Due to the basic strategy of comprehensive implementation to manage country according to the law and accelerating the process of managing universities according to the law , the special identity of university students increasingly appears and the legally en- titled to receive higher education fairness and the reputation rights, evaluation fights, property rights and other lawful rights and inter- ests are easy to neglect and even abuse in Colleges and universities. The reasons are that there are objective lags in the management of higher education, the level of the traditional management model is rigid, and there is also the subjective vagueness of the students＇ cognition of the rights and interests. Therefore, colleges and universities should fo｜Iow the value orientation of the educational quality under the guidance of the origin of law, adhere to the people - oriented guiding ideology, pursue the concept of due process, establish and improve the students＇ fight relief system, respect students＇ legitimate fights＇ relief and interests＇ appeal, and promote reasonable and lawful to resolve legal disputes between universities and students in order to push forward the implementation of the targe for manag- ing universities according to the law.