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近几年,高校被自己的学生告上法庭的案件呈上升趋势。但因受制于高校自治的传统,特别是受到“特别行政关系”理论的影响,法院在受案时显得畏手畏脚。要想实现保护大学生受教育权和高校自治传统间的平衡,检讨旧有的高校自治理论体系,确立适合国情的司法审查标准就显得尤为重要。
In recent years, the number of cases in which colleges and universities have been brought to court by their own students has been on the rise. However, subject to the tradition of self-government in colleges and universities, especially influenced by the theory of “special administrative relations,” the court feared fear when it was charged. In order to realize the balance between protecting the right to education for college students and the autonomy of colleges and universities, it is very important to review the old theoretical system of autonomy of colleges and universities and establish a standard of judicial review that suits the national conditions.