试论高校处分违纪学生的法治原则

On the Legal Principle of Disciplinary Measures against Students in Violation of Discipline

法律虽规定高校有处分违纪学生的权力,但并未明示具体如何处分学生。诸多学生告母校的诉案表明,高校的处分行为必须纳入法治的轨道,必须受如下基本原则的统率与指导,即:处分法定原则,公平公正原则,处分慎重、重在教育原则,权利保障原则等。

Though the law stipulates that an institution of higher education has the power to take disciplinary measures against students in violation of discipline, it lacks detailed provisions as to how. Many student lawsuits against their schools indicate that such disciplinary measures must comply with the rule of law and be governed by the following basic principles, i.e., the statutory principle for disciplinary measures, the principle of fairness and justice, the principle of discretion; the principle of emphasis on education, and the principle of guaranteeing rights.