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公立高校与学生行政法律关系不和谐现象的主要表现在高校行政诉讼案增多、侵犯了学生受教育权、名誉权和隐私权和正当程序保障权,主要原因是高校管理行为违法。消除策略应该是提高学生行政法主体认识,强化义务意识;转变高校传统管理观念,实行依法治校;完善国家教育立法,健全学生管理法律法规体系。
The main manifestations of the phenomenon of discordant administrative and legal relations between public universities and students are that the number of administrative lawsuits in colleges and universities has increased, violating the right to education, reputation, privacy and due process of students. The main reason is that university management acts are illegal. The elimination strategy should be to enhance students’ awareness of the subject of administrative law and to reinforce their sense of obligation; to change the traditional management concepts of colleges and universities and to run schools according to law; to improve the national education legislation and to perfect the system of laws and regulations governing student management.