高校被诉引起的法律思考

1999年发生了两起有重大影响的高校学生诉学校拒发毕业证、学位证行政诉讼案。高校之所以能成为行政诉讼的被告,是由高校行使自主权时的法律地位和自主权的法律性质所决定。基于现代行政法理论,高校在基于法律法规的授权对学生行使诸如颁发毕业证、进行处分等教育管理权时,是作为法律法规授权的组织而具有行政主体的资格。应从树立依法治校的法治理念、加强和完善高等教育法制以及建立一套健全的教育行政与司法救济制度三个方面促进高校依法行使自主权。

A Legal Reflection Caused by Higher Institutions Being Sued

In 1999,there happened two administrative lawsuit cases with a serious influence which the students of higher institutions sued the institutions to refuse to issue diplomas. The reason why higher institutions became a defendant of the administrative lawsuit was that all this was decided by the legal standing and nature of it when higher institutions performed its decision-making power. In view of the modern administrative law theory . when higher institution performs its educational management power for students according to the authorization of laws and statutes such as issuing diplomas, taking disciplinary action and so on, it has an administrative subject qualification as the authorizing organization of laws and statutes . Higher institution should establish the legal awareness to manage the institution in accordance with the law, strengthen and improve the legal system of higher education , and work out a perfect system,of the educational administration and of the judicial relief to promote higher institutions to perform its decision-making power in accordance with the law.