高校与大学生法律关系的嬗变

Evolution of Legal Relation between University and University Students

高考制度恢复以后相当长时间内,高校实为准行政机关,高校与大学生之间的法律关系主要表现为内部的行政管理关系,高校对大学生的管理行为不具有可诉性。但四十年改革开放的伟大成就,已使中国的高等教育具有相当的商品属性,由此决定了新时代高校的法律地位应是以民事主体为主兼有行政主体成分的复合组织体,高校与大学生之间的法律关系应是以民事关系为主体兼有行政管理关系的复合性法律关系。为此,高校应该确立平等意识、服务意识和法治意识,努力提升服务质量,依法并且科学管理。

Since the Gaokao system was resumed, university was for quite a long time a quais administrative organ. University and university students mainly maintained an internal administrative management legal relation, and university＇s management of students was not a justiciable act. However, forty years＇ reform and opening up has endowed, to a large extent, China＇ s higher education with commodity attribute. Thus, in the new era university is legally a compound, which is mainly a civil subject and has some features of an administrative subject. The legal relation between university and university students also changes into a compound type, which is mainly a civil relation and has some features of an administrative management relation. For this reason, university should have enough awareness of equality, service and law, strive to improve service quality, and manage students legally and scientifically.