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近年来,全国很多地方都发生了大学生告母校的案件,不少大学校规受到了社会各界的严重质疑。由此,引发了笔者关于新体制下高校与学生间法律关系的思考,认为二者之间存在管理与被管理的关系,但是一种特殊的行政管理关系,同时认为它们又是一种平等的法律关系,这种法律关系的新界定,有助于高校依法治校,有助于学生更好地保护自己的合法权益,也更符合新时期市场经济和教育法制的趋势和要求。
In recent years, there have been cases in which university students complain to their alma mater in many parts of the country. Many university regulations have been seriously questioned by all sectors of society. As a result, I raised the author’s thinking about the legal relationship between the university and the students under the new system. They think there is a relationship between management and management, but they are a special kind of administrative relationship, at the same time, they think they are an equal The new definition of legal relationship helps to govern the university according to law, helps students to better protect their own legitimate rights and interests, and is more in line with the trends and requirements of the market economy and education legal system in the new era.