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中国法治的不断发展和个人权利越来越受到重视,学生作为公民所享有的基本权利,在受到侵犯时备受瞩目。近年来发生的案件反映出高校权力的界限划分不明确。本人试图通过对高校权力来源以及在特别权利关系下法律保留原则的重要性的分析,提出了高校在行使权力时应该严守的两个界限,旨在完善高校自治和保护学生作为公民的基本权利正常行使。
The constant development of the rule of law in China and the increasing emphasis on individual rights are the fundamental rights that students enjoy as citizens and attract much attention when they are violated. The cases that occurred in recent years reflect the unclear division of power in higher education. I try to analyze the importance of the principle of legal reservation under the power of the university and the principle of law of special rights, and put forward the two limits that colleges and universities should strictly observe in exercising their power. The aim is to improve the autonomy of colleges and universities and protect the students’ basic rights as citizens exercise.