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与我国民办高等教育的快速发展相适应,民办高校在我国发展迅速,但有关民办高校在行政法上的地位如何,是否具备行政法意义上的行政主体资格,民办高等院校学生处分权的法律效力如何,既未有立法的明确规定,又欠缺必要的学术研究。民办高等院校学生处分权在行政法上法律地位模糊的现状,民办高等院校学生处分权的法律效力的不确定性,既不利于民办高校的未来发展,又无益于行政法学的完整研究。因此,有必要对民办高校是否具备行政主体资格及民办高等院校学生处分权的法律效力进行深入的研究和探讨。
With the rapid development of private higher education in our country, privately-run colleges and universities have developed rapidly in our country. However, the status of private colleges and universities in the administrative law is not the same as that of administrative law, the law of dismissal of private colleges and universities Effectiveness, neither a clear legislative provisions, but also the lack of necessary academic research. The status quo of students’ right to dispose of private colleges and universities in the administrative law is vague, and the uncertainty of the legal effect of the dismissal power of private colleges and universities is not conducive to the future development of private colleges and universities, but also not conducive to a complete study of administrative law. Therefore, it is necessary to conduct an in-depth research and discussion on whether the privately-run colleges and universities have the qualifications of administrative subjects and the legal effect of dismissal power of private colleges and universities.