Study on the Relationships Between Higher Education Institutions and Students Pertaining to the Higher Education Recruitment Process

Qin, Hongxia
January 2013
Chinese Education & Society;Jan/Feb2013, Vol. 46 Issue 1, p64
Academic Journal
Differences of view have always existed regarding the legal relationship between colleges and students, where the national College Entrance Examinations (CEEs) are concerned. Proceeding from the legal nature of independent student recruitment powers during CEEs, of CEE application forms, and of college enrollment charters, this article maintains that college student enrollments are not mere market actions, and students are not mere commercialized consumers, for which reason the college/student legal relationship should not be seen as a civil-law relationship. Students' acts of representation-their enrollment applications-and the colleges' enrollment charters appear, in form, to attain the dimension of freedom of contract, but the enrollment powers that permeate the enrollment process determine that the college/student legal relationship in the CEE domain falls in the category of administrative-law relationships.


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