我国现行高等教育管理法律对公立高校法律地位的界定是,它既是事业单位法人,具有民事主体地位,又是法律法规授权的行使教育行政管理权的组织,具有行政主体地位。因而,高校与学生之间是一种既有民事法律关系又有行政法律关系的综合的法律关系。在高校与学生间的两种法律关系中,行政法律关系占主导地位,民事法律关系相对处于次要地位。 The current law of higher education administration in our country defines the legal status of public universities as an organization that is not only a legal person of institutions but also has the status of civil subject as well as the power of educational administration authorized by laws and regulations and has the status of an administrative subject. Therefore, there is a comprehensive legal relationship between universities and students in both civil law and administrative law. Among the two legal relations between universities and students, the relationship between administrative law and legal affairs is the dominant one, and the relationship between civil law and legal affairs is relatively secondary.