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高校以自治为宗旨,但在现今社会正遭遇着行政纠纷的挑战。高校自治与行政诉讼的冲突,实则是高校双重身份间的矛盾。在合理划分私法与公法地位的基础上,借鉴国外的高校研究模式,从而在法律制度上实现双重身份的平衡,是解决高校问题的另一种路径。
Colleges and universities to self-government as the purpose, but in today’s society is being challenged by administrative disputes. The conflict between autonomy and administrative litigation in colleges and universities is actually the contradiction between the dual identities of colleges and universities. On the basis of a reasonable division of private law and public law status, drawing lessons from foreign research models of colleges and universities so as to realize the balance of dual identities in the legal system is another way to solve the problems in colleges and universities.