论高校处分权与学生权益救济的路径选择

目前,高校学生为维护自己的权益状告母校的诉讼案件,尚未真正引起高校管理者对依法治校之迫切性的充分认识,高校仍然停留在理念层面的探讨中,侵权行为仍在继续。这主要表现为学生的受教育权、参加教育教学活动权、获得公正评价权,以及行使陈述权、申辩权、申诉权和诉讼权方面受到不同程度的损害。基于此,构建学生权益的法治保障体系,拓宽学生权益救济路径应采取的举措为:加强宣传教育,提高高校管理者、教师的法治意识和学生的维权意识;完善教育法律法规,明确对高校责任的追究机制,限制其自由裁量权,将学生学籍的取得与剥夺纳入司法审查范围;依法治教,实现学生管理法治化。

On Path Choice of Disciplinary Right of University and Students" Rights Relief

At present,college students' lawsuit case for safeguarding their rights to proceed against alma maters failed to call for a full awareness with which college managers should rule schools by law.Colleges and universities remain their infringement acts,merely keeping a concept of ruling school by law.Students are invaded in different degrees in the rights to be educated,participate in activities of education and teaching,acquire fair evaluation,and right of statement,appeal,and action,and right to defend.In view of such situations,the paper puts forward some measures to build a legal security system for guarding students' rights and interests,expand students' relieving approaches,including strengthening propaganda education,improving managers' and teachers' law consciousness as well as students' consciousness of rights safeguarding,perfecting laws and regulations of education to clarify investigating mechanism of responsibility of colleges and universities and restrict their discretion,bring the granting and depriving students' status into scope of judicial review,manage education by law to realize legislation of students' management.