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为实现依法治国和依法治校,进一步推动大学章程的制定,厘清高校与学生之间的法律关系显得尤为关键。高校除了享有行政权力、内部事务管理权和学术自由权之外,其作为民事主体还享有广泛的民事权利。高校仅在行使法律法规授予的行政权力时,与作为行政相对人的学生之间形成的是行政法律关系。校生之间形成的除行政法律关系之外的法律关系,交由民法调整有其必然性和重要性。高校与学生之间的行政法律关系和民事法律关系在绝大多数情况是泾渭分明;但是,在特殊情况下,行政法律关系与民事法律关系的调整范围也存在重叠。
In order to realize governing the country according to law and managing the university according to law, it is particularly crucial to further promote the formulation of university constitution and to clarify the legal relationship between the university and the students. In addition to enjoy the executive power, internal affairs management and academic freedom, colleges and universities also enjoy a wide range of civil rights as a civil subject. Only when exercising the administrative power conferred by laws and regulations, colleges and universities form an administrative legal relationship with the students who are the counterparts of the administration. The legal relationship formed between the students except the administrative legal relationship has its inevitability and importance due to the adjustment of the civil law. The relationship between administrative law and civil law between universities and students and civil law relations are quite different in most cases. However, in special cases, there is overlap in the adjustment range of the relationship between administrative law and civil law.