对于被自己学生起诉,显得手足无措,主要原因是高校对学生属性认识不足,从而不能准确把握高校与高校学生之间的法律关系,因此研究高校学生的属性是完全必要的。高校学生首先是人,按对待人的方式对待学生;高校学生还有公民、行政相对人、民事主体等身份和属性。因此高校与学生之间既是人与人的关系、国家与公民的关系,还是行政机关与行政相对人的关系,以及民事主体之间的关系。 The main reason for being prosecuted by their own students is that they do not know enough about the students’ attributes and thus can not accurately grasp the legal relationship between the university students and the university students. Therefore, it is absolutely necessary to study the attributes of college students. College students are people first, treating students according to the way of dealing with people; college students also have the identities and attributes of citizens, administrative counterparts and civil subjects. Therefore, the relationship between college and students is not only between people, between countries and citizens, but also between the executive and administrative counterparts, as well as the relationship between civil subjects.