论公立高等学校的行政主体地位-宪法学与行政法学专业论文.docxVIP

Abst Abst tact The legal status of the public institutions of higher learning is multiple．In the present legal system of our country,a public institution of higher learning carl be all administrative subject，can be an administrative counterpart，and also can be a civil subject in the various situations．This essay made the“the public institutions of higher learning as the administrative subjects”as its studying object．focusing on the problem that whether or not a public institution of higher learning carl be the defendant of administrative cases”． In this essay,the writer compares two different views about the legal relationships between the students and the public institutions of higher learning．0ne says that the legal relationships between the students and the public institutions of higher learning are equivalem to those between two equal parties．Hence，the dispmes arose between them should be resolved through civil procedures．111e other argues that the legal relationships between the students and the public institutions of higher learning are tmequaled．Because the public institutions of higher learning are executing the administrative powers authorized by relevant laws and regulations in their activities． According to the administrative law of PRC，the defendant of an administrative litigation must be an administrative subject．To be an administrative subject，a unit must sarisfy following conditions：1．holding the particular administrative powers；2 able to execute the powers by its OPO!q name；3．bearing the corresponding liabilities for its wrong doings．Two kinds of units Can be the administrative subjects，one is administrative organs，the other is the units which have the particular administrative powers authorized by relevant laws and regulations．11he public institutions of higher learning fall in the latter, The essay analyses the opinions challenging the concept of“the units holding the administrative powers authorized by laws and regulations”，arguing that this conc