助学贷款之法律问题研究

A Study on Legal Issues Related to Student Loan

按照大学生在校与否及其法律地位的不同,现行高校生源地信用助学贷款的政策设计及其实施过程可以分为先“助(助学)”、后“贷(贷款)”两个阶段。其中,助学阶段主体之间的法律关系是行政关系,属于行政许可:提出申请的大学生是行政相对人,受理和批准申请的县区教育局或高校属于行政主体。依法治理助学贷款,就是要按照公平原则来界定各参与主体的法律权利或义务。在申领助学贷款时,依法治理助学贷款的关键是依法行政,即要用公开公正公平的方式确保每一位大学生不因“家庭经济困难”而失去接受高等教育的机会。

According to whether college students are at colleges or not and also their different legal status,the execution of the current college student credit loan can be divided into two stages:“assistance”first and“loan”after it.At the first stage,the legal relations between the subjects involved are of administrative relations,which can be regarded as administrative permission.The applicants are administrative counterparts and the local education authorities or the colleges who deal with and approve of the applications are administrative subjects.Student loans should be governed according to law.Accordingly the rights or obligations of the participants involved ought to be strictly defined according to legal fairness.When students apply for loans,the authorities concerned should,by means of fairness,equity and justice,execute the administrative equality and ensure that none of the college students would lose their opportunity to receive higher education due to their family financial difficulties.