近年来,高等教育纠纷愈演愈烈,所涉及的领域由学校管理领域延伸至招生领域,争议主体也由学校与在籍学生扩展至学校与考生。公立高等学校作为接受国家财政投入的事业单位,在作为民事主体进行民事活动之外,还代表国家行使着一定的行政管理权,在行使这些权力时具备行政主体资格。鉴于公立高等学校的双重法律地位,对于公立高等学校招录学生行为的性质,不仅理论上存在民事行为和行政行为之争,司法实践中也存在时间和空间上的差异。从高校招生行为的权力的来源、高校招生过程的特点和招生过程中考生与高校的关系来看,公立高等学校的招生行为是公立高等学校基于法律授予的自主权所从事的公共行政活动。为维持正常的办学秩序,对公立高等学校在法定幅度内的“办学自主权”予以宽容和尊重是必要的,但这种自主权会影响到公民的受教育权和其他重大权益。因此,必须将公立高等学校的招生行为纳入司法审查的范围,其中,作为公立高等学校招生基本依据的内部招生规则则属于法院审查的重点之一。 In recent years, the disputes over higher education have intensified. The areas covered by the reform have expanded from the field of school management to the field of enrollment. The subjects of disputes have also been expanded from schools and students to schools and candidates. Public institutions of higher learning, as institutions that receive state financial input, exercise certain administrative powers on behalf of the state in addition to their civil activities as civil subjects, and possess the qualifications of administrative subjects in the exercise of these powers. In view of the dual legal status of public colleges and universities, there are not only theoretical disputes between civil acts and administrative acts, but also temporal and spatial differences in judicial practice. From the source of college admissions behavior, the characteristics of college admissions process and the relationship between candidates and colleges and universities in the process of enrollment, the enrollment behavior of public colleges and universities is the public administration activity that public colleges and universities are authorized based on the autonomy given by law. In order to maintain a normal order of running schools, it is necessary to tolerate and respect public education institutions within the statutory range, but such autonomy will affect citizens’ right to education and other major rights. Therefore, the enrollment behavior of public colleges and universities must be included in the scope of judicial review. Among them, the internal enrollment rules, which are the basic basis for enrollment of public colleges and universities, belong to one of the focuses of the court review.