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法权是各种法定权利的总和,法权观念是以权利问题为核心、为基础的各种法哲学、法思想的总称。高等教育领域存在的各种复杂的法现象和权利(权力)主体及相互关系,使得我们迫切需要一种思想和逻辑工具来深化认识。历史上客观存在的各种法权观念及其对高等教育法治的影响,需要做好正本清源、爬梳剔抉与参互考寻的工作。论文初步梳理了共和国高等教育法权观念嬗变的三个阶段:建政初期阶段、阶级斗争法理论主导阶段、权利本位与法权中心论主导阶段,探讨导致法权观念与高等教育法治实践急剧变动的原因,倡导辩证地看待共和国高等教育史前后两个三十年关系,主张以肯定权利和信仰法律重建社会信任。
The legal right is the sum of various legal rights. The notion of legal right is the general term of various legal philosophy and legal thought based on the question of right. The complexities of law phenomena and the subjects of power (power) and their interdependence in the field of higher education make us urgently need a kind of ideological and logical tool to deepen our understanding. The concept of the legal rights objectively existing in history and its impact on the rule of law in higher education need to be properly cleared up, scrutinized and searched by reference. The thesis preliminarily explores the three stages of the evolution of the concept of legal right in higher education in the Republic: the initial stage of constitutional government, the leading stage of the theory of class struggle law, the standard of rights and the leading stage of legal right center, exploring the drastic changes in the concept of legal rights and the rule of law in higher education , Advocating a dialectical view of the relations between the two decades of the prehistory and the post-history of higher education in the Republic, and advocating rebuilding social trust with the affirmation of right and belief laws.