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由于高校对高校与学生之间的法律关系认识不清,导致高校与学生之间纠纷不断,学生合法权益得不到合法、有效维护和保障,一定程度上影响了法治高校的建设。从法治的视域出发,依据高校与学生间双重法律关系的基本理论,分析了新形势下学生合法权益缺乏有效保护的问题,提出建立和完善学生合法权益保护机制的思考。
Due to the unclear understanding of the legal relationship between universities and students in higher education institutions, the disputes between higher education institutions and students are constantly underway, and the legitimate rights and interests of students are not legally and effectively protected and guaranteed, which affects the construction of law-governing colleges to a certain extent. From the perspective of the rule of law, according to the basic theory of dual legal relationship between college and students, the author analyzes the problem of the lack of effective protection of the legitimate rights and interests of students under the new situation and puts forward the thinking of establishing and perfecting the protection mechanism of students’ legitimate rights and interests.