依法治校视域下当代高校与大学生之间的法律纠纷及其化解对策

Legal Disputes between Universities and Their Students and the Solutions from the Perspective of Running a School by Law

随着高校与大学生之间的法律纠纷日益增多,高校学生管理工作的合法性与合理性讨论日益成为关注焦点。虽然造成大学生与高校法律纠纷的原因是多方面的,但从纠纷种类分析来看,其主要原因可归结为高校学生管理所面临的若干法律困境,具体表现为相关法律规范的欠缺、高校对行政行为与民事行为的认识不到位以及法律程序意识淡薄等。为此,要化解矛盾、减少纠纷、构建法治校园,就必须完善高等教育法律法规,及时修订现行高等院校校规校纪;准确把握高等院校与大学生的双重法律关系;提高高等院校领导层及管理人员法治意识,依法依规行使职权和履行职责。

With the increasing number of legal disputes between universities and their students,the discussion on the legitimacy and rationality of university students management is becoming the focus of attention.Despite the variety in the reasons,they can be attributed to legal dilemmas faced by the management of university students from the perspective of the types of disputes,including lack of relevant laws and regulations,misunderstanding in place of administrative actions and civil actions,and shortage of the consciousness of legal procedure.Therefore,to resolve conflicts,reduce disputes,and construct a harmonious and stable campus,we propose the solutions as follows,perfecting the laws and regulations of higher education and timely revising the current rules and regulations of colleges and universities;accurately grasping the dual legal relationship between colleges and students;improving the legal consciousness of the leaders and administrators of colleges and universities so that they can perform their functions and duties in accordance with the law.