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自1999年我国首例大学生诉母校拒发“两证”开始,教育行政纠纷之类的案件逐渐增多。由此可见,高校传统的管理和权利行使方式正面临挑战。伴随时代的进步,学生的维权意识随之觉醒。但是从审判实践及诉讼结果来看,多方面问题日益凸显,如高校与学生的法律关系界定问题,《行政诉讼法》中关于教育行政纠纷的受理范围及受理方式模糊等问题都亟待解决。
Since the first case of college students denouncing their alma mater in 1999, “two certificates” began, there have been more and more cases of educational administrative disputes. This shows that the traditional management of colleges and universities and the exercise of rights are facing challenges. Accompanied by the progress of the times, students’ consciousness of activists awakening accordingly. However, judging from the trial practice and litigation results, the problems in many aspects have become increasingly prominent. For example, the definition of the legal relationship between universities and students and the scope of accepting administrative disputes in administrative litigation law and the way of accepting administrative disputes need to be resolved urgently.