1、Learn General Secretary on “two to learn a“ strengthening “four Consciousnesses“ important speech caused a strong reaction in the country. Time, watching “red treasure“, the origin of building the party back to power, how to strengthen services for the masses, improve party cohesion, fighting to bec
2、ome the grass-roots party members and masses hot topic. Grass-roots party organizations “two“ is to strengthen the service of party members and cadres, the pioneer spirit. Distribution of grass-roots party organizations in all walks of people, clothing, shelter, which belongs to the nerve endings of
3、 the party organization and comments reputation has a direct perception of the masses. Strengthen the party ahead of the “pedal“ spirit; strengthen the party members and cadres “success does not have to be me“ and “the first to bear hardships, the last to“ service spirit to set the partys positive i
4、mage among the people is important. Grass-roots party organizations “two“ is to cleanse all people not happy not to see “stereotypes“, establish the honest faithful, diligent faith for the people. No need to avoid mentioning that, some members of our party can not stand the “money,“ corrosion of tem
5、ptation, thin, Xu Zhou, such abuse and corrupt bribery, malfeasance borers, and rats. Two, is to clean up, thin, Xu, Zhous solution to restore the partys fresh and natural, solid and honest work style. Cleansing “take, eat, card,“ undesirable and behaviour, “cross, hard and cold, push“ attitude. Gra
6、ss-roots party organizations “two“ is to strengthen the sense of ordinary party members, participating in consciousness, unity consciousness. For reasons known, members of grass-roots party branches less mobile, less resources, and the construction of party organizations have some lag. Two studies,
7、is to focus on the grass-roots party branches “loose, soft, loose“ problem, advance the party members and cadres, “a gang working“, “Hong Kong report.“ Strong cleanup actions, style and rambling, presumptuous “unqualified“ party members, pays special attention to party members and cadres “joining pa
8、rty of thought“ problem. “Party building“ is obtained in the long-term development of our partys historical experience accumulated. Two is our party under the new historical conditions, strengthen the partys construction of a new “rectification movement.“ Grass-roots party organizations should alway
9、s catch the hard work, results-oriented. Two educational outcomes are long-term oriented and become an important impetus for the work. “Two“ should have three kinds of consciousness “two“ study and education, basic learning lies in the doing. Only the Constitution address the series of party rules,
10、and do solid work, be qualified party members had a solid ideological basis. Only the “learning“ and “do“ real unity, to form a “learn-learn-do-do“ the virtuous cycle, and ultimately achieve the fundamental objective of education. This requires that the Organizationlearning education, need three kin
11、ds of consciousness: one is to establish an integrated awareness. “Learning“ and “do“ what car isTwo-wheel, bird wings, need to go hand in hand, one end can be neglected. Communist theoretician and man. Only by closely combining theory and practice together in order to truly realize their value. “Le
12、arning“ is the Foundation, the Foundation is not strong, shaking; “ “Is the key to net to net thousands of accounts. “Two“ education, “ lay the basis, going to “do“ the key grip, so that the “learning“ and “doing“ back to standard, so that the majority of party members “learn“ learning theory of nut
13、rients, in the “doing“ practice partys purposes. Second, to establish a sense of depth. “Learning“ and “do“ not Chu drawn, entirely different, but the organic unity of the whole. “Two“ learning education, we need to explore integrating “learning“ in “do“, exhibit “do“ in “Science“. To avoid the “lea
14、rning“ into simple room instruction, “do“ into a monotone for doing. Should exploration “learn“ in the has “do“, “do“ in the has “learn“ of education and practice of carrier, makes general grass-roots members can in “learn“ in the has “do“ of achievements sense, in “do“ in the has “learn“ of get sen
15、se, real makes party of theory brain into heart, put for people service concept outside of Yu shaped. Third, to adhere to long-term the awareness. Style construction on the road forever, “two“ had to catch the long-term. “Two“ study and education, by no means, assault-style wind-sport, but the recur
16、rent education within the party. In recent years, the partys mass line education practice and “three-three“ special education in grass-roots borne rich fruits, vast numbers of party members and cadres withstood the baptism of the spirit. “Two“ greater need to focus on longer hold long-term, to estab
17、lish and perfect the effective mechanism of the education, focusing on the creation of long-term education, strive to make the vast number of party members to maintain their vanguard Color, maintain the partys advanced nature and purity. Awareness-raising, antennas and atmosphere a discussion on how
18、 leading cadres of party members “two“ current, “two“ activity is in full swing up and down the country, party cadres as a “key minority“ is both a barometer and impetus. The “two“ meaning enough deep, is to determine the party cadres can resolve to study hard first. In the “two“ in the process, som
19、e cadres of himself, standing long, high awareness, that Constitution Party rules is simple, its not worth bothering some party cadres think speak series has nothing to do with the grass-roots work, water business learning series of speeches seen as window dressing. These “lazy, casual, and decadent
20、“ ideas learning lacks motivation, a serious impediment to “two“ effect. John Stuart Mill once said, only a basic element of human thought patterns change dramatically, human destiny can make great improvement. The same, only party members and法律视野中的高校与大学生的纠纷在当前高校的教学、管理过程中， 考试作弊、大学生婚恋、学校自主处分权，被称为当前高校
21、管理的“三大难题”。1从法律角度看，“三大难题”的核心问题，是高校在管理学生时高校究竟属于什么性质的法律主体?在此基础上，才能把握是高校与大学生之间的何种性质的诉讼;进而探求高校频频败诉的原因、高校与学生的纠纷增多的原因等问题。一、法院处理高校与大学生的纠纷方式及其理由因“三大难题”而引起的诉讼，法院处理的类型有不予以立案和立案两类。法院不予立案的理由，是高校与学生之间的纠纷不属于行政诉讼，如“2003 年中国十大案件”之一的“女大学生怀孕被开除案”。 2002 年 10 月，重庆邮电学院一女生被诊断为宫外孕。学校主要依据该校学生违纪处罚条例第 20 条“品行恶劣、道德败坏”等规定，把大学生因
22、恋爱而发生的非婚性行为定性为“不正当性行为”，给予两名当事学生勒令退学的处分。2003 年 11 月，法院裁定，此案不属于法院受理范围。2立案与否，不仅关系到学生权利的维护、学校工作的正常运行与稳定，而且事关大学生的权利意识、法律意识的养成;也影响到高校是否会成为肆意妄为的法律黑幕。不予立案，使得学生缺少诉讼渠道来维护自己的权益，这显然违背“权利仰赖救济，无救济则无权利”的法谚。因为“法律规则的首要目标，是使社会各个成员的人身和财产得到保障，使他们的精力不必因操心自我保护而消耗殆尽。为了实现这个目标，法律规则中必须包括和平解决纠纷的手段，不论纠纷是产生于个人与社会之间，还是个人与个人之间。”3
23、 41纠纷被法院受理后，诉讼又分为两种：一是被视作行政诉讼。如田永诉北京科技大学拒绝颁发毕业证、学位证行政诉讼案。该案被一些学者列为 10 大行政案件，该案意义在于，使高校行政主体的法律性质得到明确。原告田永系北京科技大学(北科大)学生，因考试“夹带”纸条而被以校规判处退学，但北科大未允许田永提出申辩意见，也没有直接向田永宣布处分决定和送达变更Learn General Secretary on “two to learn a“ strengthening “four Consciousnesses“ important speech caused a strong reaction in t
24、he country. Time, watching “red treasure“, the origin of building the party back to power, how to strengthen services for the masses, improve party cohesion, fighting to become the grass-roots party members and masses hot topic. Grass-roots party organizations “two“ is to strengthen the service of p
25、arty members and cadres, the pioneer spirit. Distribution of grass-roots party organizations in all walks of people, clothing, shelter, which belongs to the nerve endings of the party organization and comments reputation has a direct perception of the masses. Strengthen the party ahead of the “pedal
26、“ spirit; strengthen the party members and cadres “success does not have to be me“ and “the first to bear hardships, the last to“ service spirit to set the partys positive image among the people is important. Grass-roots party organizations “two“ is to cleanse all people not happy not to see “stereo
27、types“, establish the honest faithful, diligent faith for the people. No need to avoid mentioning that, some members of our party can not stand the “money,“ corrosion of temptation, thin, Xu Zhou, such abuse and corrupt bribery, malfeasance borers, and rats. Two, is to clean up, thin, Xu, Zhous solu
28、tion to restore the partys fresh and natural, solid and honest work style. Cleansing “take, eat, card,“ undesirable and behaviour, “cross, hard and cold, push“ attitude. Grass-roots party organizations “two“ is to strengthen the sense of ordinary party members, participating in consciousness, unity
29、consciousness. For reasons known, members of grass-roots party branches less mobile, less resources, and the construction of party organizations have some lag. Two studies, is to focus on the grass-roots party branches “loose, soft, loose“ problem, advance the party members and cadres, “a gang worki
30、ng“, “Hong Kong report.“ Strong cleanup actions, style and rambling, presumptuous “unqualified“ party members, pays special attention to party members and cadres “joining party of thought“ problem. “Party building“ is obtained in the long-term development of our partys historical experience accumula
31、ted. Two is our party under the new historical conditions, strengthen the partys construction of a new “rectification movement.“ Grass-roots party organizations should always catch the hard work, results-oriented. Two educational outcomes are long-term oriented and become an important impetus for th
32、e work. “Two“ should have three kinds of consciousness “two“ study and education, basic learning lies in the doing. Only the Constitution address the series of party rules, and do solid work, be qualified party members had a solid ideological basis. Only the “learning“ and “do“ real unity, to form a
33、 “learn-learn-do-do“ the virtuous cycle, and ultimately achieve the fundamental objective of education. This requires that the Organizationlearning education, need three kinds of consciousness: one is to establish an integrated awareness. “Learning“ and “do“ what car isTwo-wheel, bird wings, need to
34、 go hand in hand, one end can be neglected. Communist theoretician and man. Only by closely combining theory and practice together in order to truly realize their value. “Learning“ is the Foundation, the Foundation is not strong, shaking; “ “Is the key to net to net thousands of accounts. “Two“ educ
35、ation, “ lay the basis, going to “do“ the key grip, so that the “learning“ and “doing“ back to standard, so that the majority of party members “learn“ learning theory of nutrients, in the “doing“ practice partys purposes. Second, to establish a sense of depth. “Learning“ and “do“ not Chu drawn, enti
36、rely different, but the organic unity of the whole. “Two“ learning education, we need to explore integrating “learning“ in “do“, exhibit “do“ in “Science“. To avoid the “learning“ into simple room instruction, “do“ into a monotone for doing. Should exploration “learn“ in the has “do“, “do“ in the ha
37、s “learn“ of education and practice of carrier, makes general grass-roots members can in “learn“ in the has “do“ of achievements sense, in “do“ in the has “learn“ of get sense, real makes party of theory brain into heart, put for people service concept outside of Yu shaped. Third, to adhere to long-
38、term the awareness. Style construction on the road forever, “two“ had to catch the long-term. “Two“ study and education, by no means, assault-style wind-sport, but the recurrent education within the party. In recent years, the partys mass line education practice and “three-three“ special education i
39、n grass-roots borne rich fruits, vast numbers of party members and cadres withstood the baptism of the spirit. “Two“ greater need to focus on longer hold long-term, to establish and perfect the effective mechanism of the education, focusing on the creation of long-term education, strive to make the
40、vast number of party members to maintain their vanguard Color, maintain the partys advanced nature and purity. Awareness-raising, antennas and atmosphere a discussion on how leading cadres of party members “two“ current, “two“ activity is in full swing up and down the country, party cadres as a “key
41、 minority“ is both a barometer and impetus. The “two“ meaning enough deep, is to determine the party cadres can resolve to study hard first. In the “two“ in the process, some cadres of himself, standing long, high awareness, that Constitution Party rules is simple, its not worth bothering some party
42、 cadres think speak series has nothing to do with the grass-roots work, water business learning series of speeches seen as window dressing. These “lazy, casual, and decadent“ ideas learning lacks motivation, a serious impediment to “two“ effect. John Stuart Mill once said, only a basic element of hu
43、man thought patterns change dramatically, human destiny can make great improvement. The same, only party members and学籍通知、未办理退学手续。临近田永毕业，北科大拒绝为其颁发毕业证、学位证。1998 年底，海淀区法院认为该案诉讼的性质是行政诉讼，而且认定北科大的校规违法，于是，判令北科大颁发给田永毕业证、学位证。海淀区法院认为，在我国目前情况下，某些事业单位、社会团体，虽然不具有行政机关的资格，但是法律赋予它行使一定的行政管理职权，如北科大是从事高等教育事业的法人，原告田永诉请其
44、颁发毕业证、学位证，正是由于其代表国家行使对受教育者颁发学业证书、学位证书。这些单位、团体与管理相对人之间不存在平等的民事关系，而是特殊的行政管理关系。他们之间因管理行为而发生的争议时，不是民事诉讼，而是行政诉讼。这样，有利于维护管理相对人的合法权益，监督事业单位、社会团体依法行使国家赋予的行政管理职权，化解社会矛盾，维护社会稳定。1999 年 4 月，北京市第一中级人民法院维持了一审判决。4 受到这个案件的鼓励，刘燕文因没有获得博士学位而在 1999 年 9 月起诉北京大学，该案也被列为 10 大行政诉讼案件。刘燕文大案之所以引起社会的广泛关注，主要涉及学校能否成为行政诉讼的被告主体，法律介
45、入学校内部的事务会不会干涉学术自由。田永案、刘燕文案被认定为行政诉讼后，最高人民法院在作的一个司法解释体现出司法界坚持这种做法的倾向。1999 年 11 月的最高人民法院关于执行中华人民共和国行政诉讼法若干问题的解释中第 20 条第 3 款规定：“法律，法规或者规章授权行使行政职权的行政机关内设机构，派出机构或者其他组织，超出法定授权范围实施行政行为，当事人不服提起诉讼的，应当以实施该行为的机构或者组织作为被告。”这一条款，把规章授权的组织也纳入了国家司法审查范围，而这又突破了行政诉讼法有关“法律，法规授权的组织”的资格规定。法院的另一种处理方式，是把高校与大学生的纠纷视为或部分为民事案例。教
46、育法第42、81 条规定，高校侵权时，高校承担民事责任，但立案并不包含教育管理中的纠纷。高校扩招后，大学生不满教学质量的纠纷已经出现，如 2005 年审结的“国内首例高等教育消费索赔案”。2003 年 7 月，广东省财贸管理干部学院学生区某认为，因毕业前一天参与打架而被勒令退学并未发放毕业证的处罚，太重;学院用中专教师充任大学教师，水平和素质极差，并且派出一名电工兼Learn General Secretary on “two to learn a“ strengthening “four Consciousnesses“ important speech caused a strong re
47、action in the country. Time, watching “red treasure“, the origin of building the party back to power, how to strengthen services for the masses, improve party cohesion, fighting to become the grass-roots party members and masses hot topic. Grass-roots party organizations “two“ is to strengthen the s
48、ervice of party members and cadres, the pioneer spirit. Distribution of grass-roots party organizations in all walks of people, clothing, shelter, which belongs to the nerve endings of the party organization and comments reputation has a direct perception of the masses. Strengthen the party ahead of
49、 the “pedal“ spirit; strengthen the party members and cadres “success does not have to be me“ and “the first to bear hardships, the last to“ service spirit to set the partys positive image among the people is important. Grass-roots party organizations “two“ is to cleanse all people not happy not to see “stereotypes“, establish the honest faithful, diligent faith for the people. No need to avoid mentioning that, some members of our party can not stand the “money,“ corrosion of temptation, thin, Xu Zhou, such abuse and corrupt bribery, malfe
