论高校与学生行政关系的法治化

高校与学生间关系为行政关系。出于保护学生权益、规范高校管理权及高校与学生关系,高校与学生行政关系应予法治化规范。按权利影响程度,高校管理权应分类规范。影响学生重大权利的高校管理权的法治化路径为,法律保留与法律优先原则及制度的实体法规范、正当法律程序与听证程序制度的程序法规范、司法审查的诉讼法规范。其他者法治化路径为,教师职业道德的伦理法规范、公开与参与的程序法规范、内部专业救济的规范。

On Ruling Administrative Relationship between College and Students by Law

The feature of relationship between college and students is administrative.The administrative relationship between college and students should be ruled by law out of protecting students＇ rights and interests,restricting college＇s management power and relationship between college and students.The college＇s management power should be ruled by classification on the standard of its influence degree.The college＇s management power which influences students＇ important rights should be ruled by principles and systems of law reservation and law priority in substantive law,due process and hearing procedure in procedural law and judicial review in litigation law.Except for that above mentioned it should be ruled by systems of teacher professional ethics in ethical law,openness and participation in procedural law and internal special relief in relief law.