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发生在高校和学生之间的教育行政纠纷是指由于高校依照法律法规授予的办学自主权对学生进行日常管理活动或行为所引发的争议。近些年来,教育行政纠纷逐年增加,高校学生的合法权益保护受到挑战,急需相关制度的救济。目前我国已初步形成了包括行政申诉和有限的行政复议和行政诉讼在内的多元化教育纠纷解决机制,但其受案范围、程序衔接和制度能力仍显不足,使得学生受侵犯权益无法得到及时有效的救济。本文从高校和学生之间法律关系的视角出发进行分析,概括性地阐述了现有教育行政纠纷救济机制作用、主要存在的不足及提出缺陷的解决路径,试图构建一个体系多元化的纠纷救济机制来解决高校与学生之间的教育行政纠纷。
Educational administrative disputes that occur between colleges and students refer to the controversies arising from the day-to-day management activities or behaviors of students due to the autonomy of colleges and universities granted by laws and regulations. In recent years, educational administrative disputes have been increasing year by year. The protection of the lawful rights and interests of college students has been challenged and the relief of related systems is urgently needed. At present, China has initially formed a plurality of educational dispute resolution mechanisms including administrative appeals and limited administrative reconsideration and administrative litigation. However, its scope of acceptance, procedural convergence and institutional capacity are still inadequate, making the rights and interests of students infringed can not be timely Effective relief. This article analyzes the relationship between universities and students from the perspective of legal relations, expounds the role of the current education administrative dispute relief mechanism, the main problems and proposed solutions to the defect in an attempt to build a system of multiple dispute relief mechanisms To solve the educational administrative disputes between colleges and students.