寻求良性高教行政法治秩序的和谐--以高校校规之上位法违宪审查为视角

依法治校是依法治国方略在教育领域的具体化与现实化,依法行政则是高教行政权行使所必须贯穿的基本理念,二者共同构成了大学生权利保障的法治网络.实践中频频出现的高校校规违宪事件乃高教管理法治化进程中的不和谐音符,对此我们除了责难管理者法律意识淡薄外,更应当检讨与反思现行高教行政法制本身的瑕疵与缺陷,并以此为突破口着力寻求最佳弥补机制.惟有如此,方能彻底矫正权力运行之扭曲状态,并为依法治校营造良好的宪政氛围.

Explore the Harmonious Atmosphere Under the Rule of Administrative Law in Higher School--From the Angle of Constitutional Review on Higher School's Administrative Legislation

The plan of administrating a country according to law told us that the administration in higher school also must obey the law. Administration by law is the basic principle of higher schools administrative power exercising. Both of them are good for university students right protection . But actually we found that they are so many higher schools regulations breached the law . In order to rectify these abnormal phenomena , we should not only blame the managers unconstitutional acts ,but also criticize the flaws of higher school administrative legislation. And only by doing that, we could correct such bad things completely while creating constitutional atmosphere in higher school's administration.