高校对大学生考试作弊行使自主处分权的法律审视

Legal Examination on College Students' Cheating in Exams and Punishment with Self-determination

高校处分权是大学管理学生的重要权能之一。由于我国立法的相对滞后,近年来不断发生的学生诉高校不当处分案,引发出诸多问题,尤其是在学生考试作弊中的受教育权问题容易受到高校不当处分的侵犯,矛盾越来越突出。从高校处分权和学生受教育权入手,以大学生考试作弊为视角,通过对高校处分权的性质和对大学生考试作弊而受到开除学籍处分的法理分析,提出相应的解决对策,使高校处分权纳入法治化轨道,以此保障高校学生的合法权益。

The right to punish the students is one of the powers in the administration of students in colleges and universities. Recent years have witnessed many eases concerning the accusation of universities by students for the improper punishment due to the backwardness of the legislation in China, which leads to a lot of problems. The contradiction is becoming more and more intensive because some college students are diseriminatorily punished owing to their cheating in examinations. This paper is intended to analyze the character of universities＇ right to punish the students through some eases of improper punishment, and put forward some countermeasures, thus making sure that students can protect their legal rights.