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近年来,大学生考试作弊现象屡见不鲜,而高校往往给予学生由警告直至开除的处分。由此也导致了受教育权纠纷不断产生。受教育权是公民依法享有的要求国家积极提供均等的受教育条件和机会,是一种兼具自由权利和社会权利属性的宪法基本权利。如何在法律层面解决解决学校与学生之间的纠纷、在切实要求学生考试诚信的同时保障其受教育权的合法实现,是我国法律当下所需解决的问题。
In recent years, college students cheat the exams are not uncommon, and colleges and universities often give students the warning until the dismissal of the punishment. This also led to the continuous development of disputes over the right to education. The right to education is the basic constitutional right of citizens to enjoy the legal right that requires the state to actively provide equal access to education and opportunities. It is a constitutional right that combines the attributes of free rights and social rights. How to solve the dispute between the school and the students at the legal level and how to guarantee the legitimate realization of the right to education while actually asking the students to be honest are the problems to be solved in the current law of our country.