尽管近年来受教育权诉讼随着大学生维权意识的增强取得了很大进展,但依然步履维艰,困境重重。造成目前这种状况的原因既有理论上的纷争,也有实际操作中的困难,但最根本的原因还是思想观念没转变。因此,解决目前困境的根本之道首先是科学界定高校与大学生之间的关系。 Although litigation of right to education has made great progress with the enhancement of university students’ awareness of safeguarding their rights in recent years, they are still struggling and in a dilemma. The reasons for the current situation are not only theoretical disputes but also practical difficulties. However, the fundamental reason is that no change has taken place in ideological concepts. Therefore, the fundamental way to solve the current predicament is firstly to scientifically define the relationship between university and university students.