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近年来,高校管理权和大学生受教育权的现实冲突日益加深,大学生诉高校侵犯受教育权的法律案件也不断涌现。在这种情况下,要依法保障大学生受教育的基本权利,就必须首先从法理上明确法律赋予高校的管理权限和大学生受教育权的涵盖范围。为此,通过比较我国法律和国际公约中对受教育权的有关规定,探讨受教育权的外延与内涵,并提出了一些依法保障大学生受教育权的对策。
In recent years, the conflict between the management power of college and the right to education for college students has deepened. There are also many legal cases that college students violate the right to receive education. Under such circumstances, to protect the basic rights of undergraduates in education according to law, we must first of all clearly define by jurisprudence the administrative authority granted by law and the scope of the right to education of undergraduates. To this end, by comparing the relevant provisions of the law of our country and international conventions on the right to education, we discuss the extension and connotation of the right to education and put forward some countermeasures to protect the right to education of university students according to law.