公立高等学校性质的行政法透视

近些年发生的以高校为被告的案件层出不穷,但司法机关应当以何种立场来解决涉高校的诉讼案件却缺乏统一标准,究其根本原因乃在于对高等学校性质是什么或者应当是什么没有足够的认识。事实上,无论是将公立高等学校定位于一般的事业单位,还是行政法意义上的法律法规授权的组织抑或第三部门,都难以自恰地解释高等学校在实践中存在的多重身份以及由此产生的多重法律关系和法律纠纷,但如果将其定位于公务法人则可以在某种程度上克服上述缺陷。

Characteristics of Public Higher Schools in Perspective of Administrative Law

In recent years the cases occur very often that the higher schools are regarded as defendants and it seems to emerge endlessly,however,the judicial authority is being lack of the unified standards about in what position to solve the lawsuits involved in higher schools.The fundamental reason of this kind of phenomenon lies in that they don＇t have the clear and enough cognition about what is the nature of the higher schools or what it should be.In fact,it is difficult to explain the higher schools＇ multiple identities existed in practice and multiple legal relation and dispute therefrom,regardless of whether the public higher schools are orientated to the general public institutions,or to the organizations authorized by laws and regulations according to the administrative law sense,or even the third section.But if the public higher schools are orientated to be the legal person of official business,the above defects could be overcome in some extent.