Whether the legal relationship between the institution of higher learning and the student is an admi

The subject of the administrative-legal relationship includes the participants in the administrative-legal relationship, that is, the person or organization that enjoys the rights or powers and undertakes the obligations in the administrative-legal relationship, which is referred to as the subject of administrative law. The content of the administrative-legal relationship is the rights or powers enjoyed by the subject and the obligations or duties assumed.

Legal analysis

1. The subject of administrative legal relations.

Subjects of administrative-legal relations: administrative subjects and administrative counterparties. An administrative entity is an organization that enjoys administrative powers, can exercise functions and powers in its own name, and independently assumes responsibilities, such as administrative organs.

The subject of administrative law is the subject of administrative law relations, which is the same concept. That is, it refers to the participants in various administrative relations regulated by administrative law, including organizations and individuals. Specifically, it refers to organizations and individuals that enjoy rights and assume obligations in administrative-legal relations.

The subject of administrative law and the subject of administrative law relations are the same concept, and the subject of administrative law is a different concept.

II. The Concept of Administrative-Legal Relations.

Administrative-legal relations refer to the various rights and obligations relationships that are formed or generated (caused) by administrative activities (rights activities and non-rights activities) that are regulated by administrative law norms. The subject of an administrative-legal relationship refers to the parties who participate in the administrative-legal relationship and enjoy rights and bear obligations. The object of the administrative-legal relationship refers to the object to which the rights and obligations of the parties in the administrative-legal relationship are directed.

Such a relationship should include not only the relationship of rights and obligations under administrative law between the administrative subject and the administrative counterpart formed in the course of administrative activities, but also the relationship of relief or supervision arising from or arising from administrative activities.

III. Characteristics of the Composition of the Administrative-Legal Relationship.

1. One of the parties to the administrative-legal relationship must be a state administrative organ or an organization authorized by a state organ;

2. The administrative subject is always in the dominant position;

3. The rights and obligations of both parties are not equal;

4. The administrative-legal relationship is mandatory;

5. Procedural nature of administrative-legal relations.

Legal basis

Administrative Punishment Law of the People's Republic of China Article 4: Where citizens, legal persons or other organizations violate the order of administrative management and shall be given administrative punishments, they shall be provided for by laws, regulations, and rules in accordance with this Law, and shall be implemented by administrative organs in accordance with the procedures provided for in this Law.

According to the provisions of the existing laws of our country, as well as the statutory laws and jurisprudence of civil law countries, it is shown that the relationship between higher education institutions and students is in fact a special power relationship.

This kind of special power relationship, or public power relationship, is different from ordinary civil relations, and is also different from the relationship between administrative organs or other public institutions and their civil servants at present. Because, there is a strong color of power between colleges and students, not of power. And it is precisely because of this power color that colleges and universities can manage and command students, and thus form a particularly unequal relationship between command and obedience.

Legal Analysis: There are two types of legal relationships between universities and students:

The first is the equal civil legal relationship, that is, the teaching contract relationship.

The second is the administrative management relationship, which is mainly reflected in the management of student status and the issuance of degree certificates, which is the power granted by laws and regulations to colleges and universities as administrative subjects.

As the two parties to the civil legal relationship, the university has the right to collect tuition fees and assume the obligation to teach knowledge; Students have the right to school knowledge and are obliged to pay tuition fees.

Legal basis: "Education Law of the People's Republic of China" Article 42 When a school infringes upon the personal and property rights and interests and other legitimate rights and interests of a student in Shicha, the school shall bear civil liability for compensation.