由于管理观念落后、立法存在缺陷以及救济机制失范等诸多原因,高校对学生的管理权与学生受教育权的冲突日益增多。管理权扩张的本质和个体权利的保障构成了一种悖论,其结果必然是侵犯居于弱势地位的学生的权利。如欲预防和化解高校与学生的纠纷,必须确立以人为本、依法治校的理念,完善教育法律法规体系和构建多元化的长效救济机制,以塑造二者的和谐关系。 Due to the backward management concepts, the defects of the legislation and the failure of the relief mechanism, the conflicts between the management power of students in colleges and the right to education of students are increasing day by day. The nature of the expansion of management rights and the protection of individual rights constitute a paradox, the result of which must be the violation of the rights of disadvantaged students. In order to prevent and resolve the disputes between universities and students, we must establish the concept of “people-oriented and school-running by law”, improve the education laws and regulations and build a long-term relief mechanism to shape the harmonious relationship between the two.