我国学校与学生间特别权力关系的反思

特别权力关系理论是大陆法系国家长期以来指导学校与学生法律关系的理论,我国的法学理论中,并无明确的特别权力关系概念,但具有特别权力关系特征的管理关系却在学校与学生之间实际地存在着。由于学校教育的特殊性质,学校与学生间特别权力关系依然有其合理性和正当性。随着特别权力关系理论自身的不断发展和完善,我国学校与学生间特别权力关系也应作进一步梳理。

The Reflection of the Special Power Relation Theory between Schools and Their Students in China

The special power relation theory is the one which directs the legal relation between schools and their students for a long time in mainland-legal-system countries. There is no clear concept of the theory in China's law theory, but the administration relation with the characteristic of the special power relation does actually exist. Because of the particularity of school education, the special power relation between schools and their students is still rational and proper. With the development of the special power relation, there should be a breakthrough in the law relation between Chinese schools and their students.