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近年来,高等学校不断卷入行政诉讼当中,法律对高校的定位早已不能涵盖其在当前的作用和行为性质。日渐增加的高校管理诉讼纠纷难以得不到及时有效的解决,根本原因在于高校的法律性质和地位界定不清。司法权介入高校的管理活动中,有利于保护学生的合法权益,监督高校行使管理权。
In recent years, colleges and universities are constantly involved in administrative proceedings, the law of the positioning of colleges and universities can no longer cover its current role and behavior. Increasing management litigation disputes in colleges and universities is difficult to obtain timely and effective solution, the fundamental reason is that the legal nature and status of colleges and universities are not clearly defined. The involvement of judicial power in the management of colleges and universities is conducive to protecting the legitimate rights and interests of students and supervising the exercise of management power by colleges and universities.