代理父母地位说:美国高校与学生法律关系的主导理论

The "In Loco Parentis" Doctrine: A Dominant Theory of Student-University Relationship in the U. S.

代理父母地位说曾经一度是美国高校与学生关系的法律基础。据此,高等院校处于代理学生父母的位置上,拥有对学生行为广泛的管教和处罚权力。随着这一学说在20世纪60年代早期的消亡,高校与学生的关系性质发生了巨大变化。代理父母地位说的盛与衰对处于转型中的中国高等教育颇有启迪意义,文中所提及到的学生权利的伸张、高等学校在调整学校与学生关系方面所作出的努力、司法机构在解决高校与学生纠纷过程中的若干判例都会引发我国高教界同行更进一步的思考。

The 'in loco parentis' doctrine was once the legal basis for the student-university relationship at U.S. colleges and universities. Under this doctrine, institutions of higher education stood'in place of the parent' with their students and exercised broad regulatory and disciplinary powers over student conduct. With its demise in early 1960s, the nature of the student-niversity relationship has changed significantly. The ebb and flow of this doctrine also has enlightening implications for the reform and development of colleges and universities in China that are at a time of transition. The items such as the enlargement of students' rights, the efforts made by universities in re-adjusting their relationship with students, and some judicial cases will stimulate more and deeper thinking in China's higher education circles.