高校与学生法律关系的定位选择

新版《普通高等学校学生管理规定》对高等教育法律关系进行了重大调整，但没有对高校与学生的法律关系进行定位．在将高校的性质界定于公务法人的基础上，认为高校与学生的法律关系属于特别权力关系．在选择这一法律关系时，关键在于要把这种特别权力关系中的事务区分为重要性事务和非重要性事务．

Location and Choise of the Legal Relationship Between Institutions of Higher Learning and Students

Regulations for Management of Students in Ordinary Colleges and Universities of the new edition has made major adjustments on the legal relationship of higher education, but not decided the location of the legal relationship between institutions of higher learning and students. On the basis of the defination on the nature of the institution of higher learning as the official business corporation, the view is held that the legal relationship between institutions of higher learning and students falls into the special power relationship. In choosing this relationship, the key issue depends on the affairs in the special power relationship to be distinguished between significant affairs and mon-significant affairs.