Abstract: Privilege relation theory originated from Germany and was used to explain the privilege legal relationships including the one between government officials and the state, and the one between school and students. It was revised several times after World War II, to meet the demands of the emergence of democracy, rule of law and human rights. It has positive reference for the perfection of our country’s higher education administrative legal system construction, which is shown in four aspects: firstly, manifest the value of law in maintaining human dignity and protection of fundamental rights; secondly, scientifically define the autonomous management of the university; thirdly, clarify the rights enjoyed by college students; lastly, build a perfect higher education system of administrative remedies.

Key words: privilege relation theory, higher education, the construction of Administrative legal system