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我国高校主体性质及其教育管理行为,因其直接作用于教育受众的基本权利,历来存在关于其行政性质的争议,主要聚焦于高校的功能作用、权力资格和学校内部各主体间权利义务关系。文章旨在通过梳理相关基本观点,结合我国目前实践情形及立法现状,试对已有理论做出更清晰地反思辨析,以此为基础,分析出更为合理的理论逻辑路径和立法构想。
Because of its direct role in the basic rights of educational audiences, the subject nature and its education and management behavior of colleges and universities in our country have always been controversial over their administrative nature. They mainly focus on the function of colleges and universities, their qualifications of power and the rights and obligations of all subjects within schools. The article aims at combing the basic concepts, combined with the current situation of our practice and the status quo of legislation, try to make a clear reflection on the existing theory, as a basis for analysis of a more reasonable theoretical and logical path and legislative ideas.