高校与学生合同关系探讨

The Discuss of Contract Relationship Between Academy and Students

近年来 ,高校与学生各类法律纠纷不断 ,双方“对簿公堂”时有发生。随着高校办学自主权的日益增加和招生规模的不断扩大 ,高校法律问题将愈发突出。因此 ,正确认识高校与学生法律关系的性质、种类和特点 ,特别是要认识到高校与学生最基本的法律关系是合同关系 ,这对于规范高校管理行为 ,防止高校“身份错误”侵犯学生合法权益 ,改善高校学生管理机制尤为重要。

In recent years, various disputes between academy and students are constant. There are continual lawsuits between them. As the increasing raise of the sovereignty in academy and the continual enlargement of enrollment scale. The lawful problems relating to academy will be more and more apparent. Therefore, we must recognize the quality, species and trait of lawful relationship between academy and students, especially we should realize the basic lawful relationship between academy and students is contract relationship, and realizing this point is very important to rule the management conduct, prevent the academy identity error from violating the legal right and interests of students, and improve the student management mechanism.