浅析司法对高校办学自主权的审查——由高校学生状告母校引发的法律思考

Meager Opinions on the Juridical Review of the School Running Power of Colleges and Universities Legal pondering arouse out of a lawsuit filed by a college student against his Alma Mater

高等学校由于其本身的特点,在办学中必然要享有办学自主权。但另一方面,高等学校的办学自主权从其特性来看属于公权力,因而必须要接受司法的最终审查。但是鉴于高等学校的办学自主权对于高等学校实现其办学目标的至关重要性,因此,司法对其办学自主权的审查必须掌握在一定的度的范围内,以确保高校办学目标的实现。

Owing to the specialties of themselves, colleges and tmiversities shall enjoy decision-making power in their school running. But on the other hand, the decision-making power of rmming which colleges and universities enjoy falls into the pubic rights realm by its nature; therefore, it shall at last be submitted to the juridical review. Whereas the running decision-making power of colleges and universities provides a crucial importance for the realization of the school running aims, the juridical review thereof needs to be restricted to a certain scope in order to ensure the implementation of the school running aims of colleges and universities.