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目前,围绕公立高校招生权产生的法律纠纷日渐增多。从法律性质上讲,教育行政部门与公立高等学校分工合作模式下的高校招生权属于行政权,公立高校高度自主模式下的高校招生权也属于行政权,市场运作模式下的高校招生权属于民事权利。对行政权属性的公立高校招生权的司法审查原则包括正当法律程序原则、行政公平原则、依据社会公认价值进行判断的原则和执行不停止原则。
At present, there are more and more legal disputes around the enrollment right of public universities. From the legal nature, the college enrollment right belongs to the executive power under the mode of division of labor between the educational administration department and the public colleges and universities. The college enrollment right under the highly autonomy mode of the public university also belongs to the administrative power. The enrollment right under the market operation mode belongs to civil rights . The principle of judicial review of the enrollment right of public colleges and universities on the attributes of administrative power includes the principle of due process of law, the principle of administrative fairness, the principle of judgment based on socially recognized values and the principle of non-stop execution.