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随着市场经济的深入发展,人们法制观念的进一步增强,高等学校与大学生之间的纠纷层出不穷,两者之间的法律关系便成为众多学者研究和考察的对象。要理清高校与大学生之间的法律关系,首先必须明确二者以什么角色去建立法律关系。总结起来,高等学校作为法律法规授权的行政主体,与大学生建立的是行政法律关系;以教育教学的名义成为民事主体,与大学生建立的是民事法律关系;因作为集体利益的代言人成为集体法人,与大学生建立的是特别权力关系。
With the deepening of market economy, people have further strengthened the concept of legal system, and disputes between colleges and universities have emerged one after another. The legal relationship between the two has become the object of study and investigation by many scholars. To sort out the legal relationship between the university and the university students, we must first understand the role of the two in establishing the legal relationship. To sum up, colleges and universities, as the administrative subject delegated by laws and regulations, have established administrative and legal relations with college students; they have become civil subjects in the name of education and teaching and established civil legal relations with college students. As the spokespersons of collective interests become collective legal persons, Established with college students is a special power relations.