The Legal Relationship Between College Students And Institutions Of Higher Learning

The legal relationship between college students and institutions of higher learning is the core issue in governing the university with law. With the change of the era, great changes have taken place as regard to the legal relationship possesses different forms of expression and different people have different understandings of it. Theories concerning this particular legal relationship abroad cover such aspects as parents-position against, constitution, special relation of rights, public affair persons and so on, which have evolved into a complete theoretical system and have a deep effect on China. Opinions are widely divided in China when it comes to the legal relationship between college students and institution of higher learning and we have not achieved agreement in this respect up to now. The first part of this dissertation presents a brief explanation of the research background, content, and methods of the legal relationship between college students and institutions of higher learning. The second part of this dissertation analyzes the current situation of the relationship between institutions of higher learning and college students, pointing out the vitality and necessity of having a new examination of the relationship in the background of governing with law. The third part puts forward the theories like giving up the special rights, developing public affair persons, absorbing the knowledge of constitution and the spirit of governing with law on the basis of a thorough comparison of the legal relationship between institutions of higher learning and college students under different constitutions in America, France and Germany. This part also summarizes the use of methods and experience for reference. Based on theories and results at home and abroad, the fourth part of this dissertation analyzes the diversity and complexity of the legal relations between institutions of higher learning and college students. As to such a relationship, the constitutional rights come first, civil law and administrative law come next If the various relations, the constitutional rights which mainly contain the students' right to be educated serve as the basic content. The administrative law which mainly contain the rights to manage and educate serve as the core content and reflect the relationship between institutions of higher learning and college students. The civil law which mainly contain the educational rights and obligation shows the importance of such a relationship, and acts as a revision, supplement and constraint of the former two items. In the fourth part, the author puts forward some solutions to the settlement of the disputes between institutions of higher learning and college students.