论高校与学生间的诉讼

近年来,高校与在校学生之间的诉讼纠纷日益增多,但是目前的行政法律理论和行政法律制度都已滞后于高等教育发展的现实.关于高校与学生之间的法律关系存在着不同的理论,但是都不足以解释现代社会的高等教育中的事实关系.而现有法律规定高校与学生之间纠纷不能适用行政诉讼程序,这也给实践中妥善解决高校教育诉讼带来了障碍.目前虽有部分司法案件对这种制度缺陷有所突破,但是还需要通过立法的手段为其确立明确的依据,以此完善高校管理制度,并使学生能够通过行政诉讼的手段维护自身权利.

The Lawsuit between University and Students

In recent years,there are increasing trend for the lawsuit between university and students,while the administrative law theory and rule in present could not follow the development of higher education.There are various theory associated with the law relationship between university and student,but they are not to illustrate the actual relationship for higher education in modern society.In present legal rules system,administrative litigation procedure could not be explored in the action between university and student.It is a barrier for adequate solution the higher education litigation.This defect is mending by some cases,however,it is necessary to provide legal ground through legislation.That is not only to consummate our higher education administrative rules system,but also to protect our student’s own right by administrative lawsuit.