摘要
高等学校学生是一个特殊的群体,作为普通公民,其享有宪法所规定的公民基本权利;作为受教育者,其享有教育法所规定的法定权利;而根据高校学生与学校所建立的教育契约关系,学生享有教育契约上的权利。从实体与程序角度界分,这些权利分为实体性权利与救济性权利两大类。实体性权利有学籍权、获得良好教育权、民主管理权等,救济性权利有契约上的请求权与抗辩权、行政申诉权等。
University students are a special group. As average citizens, they enjoy the rights prescribed by constitution; as receivers of education, they enjoy the legal rights prescribed by the education acts; and according to the educational contractual relationship established between colleges and universities and their students, they enjoy the rights based on educational contract. In light of the definition of substance and procedure, their rights can be divided into two parts: substantive rights and procedural and litigious rights. The former includes right of status as a student, right to gain good education, right to participate internal management, etc. The latter includes right of contractual petition and counter-plea, right of administrative complain, right to claim arbitration, etc.
出处
《湘潭大学社会科学学报》
2003年第6期87-90,共4页
Social Science Journal of Xiangtan University
关键词
高等学校
学生权利
实体性权利
救济性权利
university
students rights
substantive rights
procedural and litigious rights
