依法治校是我国行政法学界新关注的热点问题。近年来一些对高校的诉讼更是将对高校的依法治理问题的讨论置于公众的广泛关注之下。高校法治并不完全排斥特别权力关系理论,而需要吸收其合理内核,并做出一定的改良。通过引入法律保留、司法救济以及正当程序原则和禁止权力滥用原则等,完善我国的高校法治理论,对学生管理权的法治化进行有益的尝试,以期对实践有所指导。 Managing schools according to law is a new hot issue in the field of administrative jurisprudence in our country. In recent years, some lawsuits against colleges and universities have placed the discussion on the issue of governing the universities according to law under widespread public scrutiny. The rule of law in colleges and universities does not completely exclude the theory of special power relations, but needs to absorb its reasonable core and make some improvements. By introducing the principle of legal reservation, judicial relief, due process and the principle of prohibiting the abuse of power, the theory of rule of law in colleges and universities in our country is perfected and beneficial attempt is made to the legalization of students’ management rights so as to guide the practice.