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司法实践中,高校学生人格权诉讼越来越多,高校学生人格权侵权行为与权利救济的相关问题日渐成为一个兼具理论性和实践性的紧迫课题。高校学生人格权是民法人格权的下位概念,与民法人格权相比,其主体范围较小、客体范围较广且权利期限较短。高校学生人格权的法律渊源散见于根本法、私法和公法中。高校学生人格权侵权行为可以分为行政侵权和民事侵权两类,责任形式包括停止侵害、消除影响、恢复名誉、精神损害赔偿、财产损害赔偿、赔礼道歉等。对于高校学生人格权侵权行为的救济包括事前救济与事后救济、公力救济与私力救济、民法救济与行政救济。
In judicial practice, there are more and more lawsuits of personality right of students in colleges and universities. The related problems of personality abuse and right relief of college students have gradually become an urgent topic both in theory and practice. The personality right of college students is the subordinate concept of the personality right of civil law. Compared with the personality right of civil law, the personality right of college students has a smaller scope of subjects, a broader scope of objects and a shorter duration of rights. The legal sources of the personality rights of college students scattered in the basic law, private law and public law. The personality abuse of college students can be divided into two categories: administrative tort and civil tort. The responsibility forms include stopping the infringement, eliminating the influence, restoring reputation, compensation for moral damages, property damage compensation, apologizing for sacrificing. The remedies to the university students’ personality abuse include the prior relief and ex post relief, the public relief and the private relief, the civil relief and the administrative relief.