高校招生纠纷可诉化与高校的应对措施

高校招生纠纷即将由不可诉变为可诉,其法理基础是高校作为特殊公法人,其招生行为具有行政行为的属性.高校在招生中要承担依法招生、公正招生、遵守招生合同等义务.高校因招生纠纷被诉的主要事由包括进行虚假的招生宣传、招生政策不合法、不按公布的规程录取考生等.为应对招生纠纷可诉化,高校既要在诉讼出现时积极应诉,更要注意避免被诉.高校避免因招生纠纷被诉的主要措施包括树立依法招生的理念、重视<招生章程>的制订与发布以及规范招生行为.

The litigatization of disputes in admission of colleges and the countermeasures of colleges

Disputes in admission of colleges in china will be changed from un-litigable to litigable, based on the legal foundation that colleges are special public corporations, and the conducts of colleges in admission belong to the administrative behaviors. Colleges should subject to the burden of recruiting students lawfully and impartially, and following the recruiting contracts. The main causes that land colleges in litigations of disputes in admission include false admission advertises, unlawfully admission policies, and not obeying the promulgated rules. In order to suit the change, colleges should avoid being sued and defensive positively when are sued. The main countermeasures that colleges could take include: firstly, building up the concept of recruiting lawfully, secondly, paying more attention to the creation and releasing of admission constitutions, thirdly, standardizing the admission conducts of colleges.