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没有立法明确规范高校与学生关系,导致校生关系在现实生活中十分复杂。大学生与高校①的关系历来被认为应纳入行政管理关系。之前高校对学生的各种管理行为不可诉,尤其是学籍、学位等涉及学生教育权利方面的利益,学生没有法定制度化救济渠道,导致生校诉讼困境重重。当前,立法应当建立校规审查制度,把高校学籍注册和毕业证书颁发作为外部行政行为,并且是可诉的具体行为。在诉讼之外,建立申诉、听证制度,是调节双方关系、及早解决纠纷的正当途径。
There is no legislation that clearly defines the relationship between universities and students, resulting in a very complicated relationship between students and students in real life. The relationship between college students and colleges and universities has always been considered to be included in the administrative relations. Prior to the various colleges and universities on the various management behavior can not be prosecuted, especially school, degree and other rights related to the rights of students involved in education, students do not have the legal system of relief channels, leading to the plight of students in school. At present, the legislation should establish a system of censorship of colleges and universities. It should regard the registration of university students and the diploma as an external administrative act, and it is a concrete action that can be sued. In addition to litigation, the establishment of appeals and hearings is a legitimate way to adjust the relationship between the two parties and solve disputes as soon as possible.