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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。
In recent years, litigation disputes between colleges and students are increasing day by day, but the current administrative law theory and administrative legal system have lagged behind the reality of higher education development. There are different theories about the legal relationship between colleges and students, but they are not enough to explain the factual relations in modern higher education. The existing law stipulates that disputes between colleges and students can not apply to administrative litigation procedure, which also brings obstacles to the proper solution to the educational litigation in colleges and universities in practice. Although some judicial cases have made some breakthroughs in this system defect, they still need to establish a clear basis for them by means of legislation so as to perfect the management system of colleges and universities and enable students to defend their own rights through administrative litigation.