论文部分内容阅读
高校与学生的传统法律关系是一种特别权力关系,“强制”特征是该种理论的价值内核。然而,在新的法治理念下,此种理论所确立的高校与学生之间的法律关系已然被打破。行政契约理论的引入,在承认高校享有相应的教育管理权的同时,又强调受教育者的权利和地位,理应替代特别权力关系理论,成为界定二者关系的最优选择。
The traditional legal relations between colleges and students is a kind of special power relationship. The “compulsory” characteristic is the value kernel of this kind of theory. However, under the new concept of the rule of law, the legal relationship between universities and students established by such a theory has been broken. The introduction of the theory of administrative contract, while acknowledging that colleges and universities have the right to education and management, emphasizes the rights and status of educated people and should replace the theory of special power relations, which becomes the best choice to define the relationship between the two.