高校涉讼现象引发的法学思考

在我国法治化的进程中,随着高等教育改革的不断深入,高校治理中的法律问题逐渐凸现①。近年来,学生诉高校的案件在全国呈上升趋势。在是否受理此类案件的问题上,各地法院一直持不同的态度,而且受理后作出的判决结果不同;出现在一国之内,司法实践对学生诉权保护不平衡的局面。这将有损于司法的公正和权威,既不利于保护公民受教育权,也不利于深化高等教育改革。因此,本文从高校涉讼案例出发,分析其实质,提出通过法律保留、正当程序、禁止权力滥用和司法救济等,完善我国的高校法治理论,以期对法学实践有所帮助。

A Judicial Thinking about the Phenomenon Involving Universities and Colleges in Lawsuits

During the course of the transition governed by law,the law problems involved in Chinese colleges and universities administration are gradually emerging along with the innovation of higher education,Recently,more and more college students tend to litigate their own colleges.The local courts more or less take different attitudes towards these cases.So after judgment,there always have occurred many differences between these results.Then the lopsided situation appears both in the protection of the students' and education's benifits.If this situation can not be improved,it will destroy the impartiality and authority of the judicature.Neither does it benefit education,nor the students' rights.Therefore,based on the cases involved in a lawsuit,this thesis analyzes the essence of this problem,and puts forward the law reserve,the proper procedure,the judicature relieve and the prohibition of abuse in order to perfect our country's educational lawsand do some help to the law practice.