高校图书馆对学生逾期返还图书罚款行为的法律性质探究

通过分析认为，在我国当前的法律制度下，高校图书馆没有行政处罚的设定权和实施权，其根据白行设定的规章制度向读者收取罚款是没有法律依据的；另一方面，将图书馆规章作为要约不符合要约的内涵，且学生利用图书馆的权利是依法取得的，并非通过合同法进行约定，亦不宜采用合同法作为民事违约金进行处理。指出应健全图书馆相关立法，以利高校图书馆依法进行日常管理。

Inquiry of Legal Nature of Fine on Students Returning Overdue Books Imposed by College Libraries

The legal nature problem of fine on students returning overdue books imposed by college libraries is analyzed. The analysis results show that, under the current legal system in our country, the university libraries do not have the right of administrative sanctions and implementation power, and there is no legal basis for them to set rules and regulations of fines to readers. On the other hand, the library rules and regulations can not be regarded as an offer. Furthermore, the rights of students to use the library are made in accordance with the state law, not agreed by contract law. So it is not suitable to process as civil penalty. Therefore we should improve the library-related legislation to the management of university library according to the law.