浅议美国教育纠纷中的司法介入——以学生权利为视角

Discussion on the Judicial Intervention in American Educational Disputes——In the Perspective ofStudents' Rights

20世纪60年代以后,美国教育民主运动逐渐兴起,民众权利意识日益成熟,校内管理行为是否"过界"的问题也引发了人们的思考。学校与学生之间围绕在隐私、正当程序等话题上的分歧越演越烈,由这些争议引发的纠纷促使法院开始关注到教育领域的事务上来。法院在调节校生之间的冲突以实现双方权益平衡的过程中,往往会基于一些重要的考量因素来做出相应的司法裁决。

After the 1960s, the movement of educational democracy is on the upgrade, people's consciousness of rights has become more and more mature. Whether the administrative behavior is beyond boundaries has caused speculation .The topics around privacy and due process between the school and students are increasingly growing differences. Disputes come into being because of these con-troversies which makes the court starts to focus on the events of educational areas. When the court coordinates these conflicts to make a balance of both sides' interests, there are some important considerations which guide the judicial decision.