论高校学生受教育权的法律救济

On the legal relief in support of college graduates of their educational rights

从近几年高校领域的法律实践来看,许多对学生开除或退学的处理决定显然已经直接剥夺了公民受教育权的案件都被法院以不属于受案范围为由而驳回。我国法律在高校学生受教育权的保护上,缺乏明确的规定。没有救济就没有权利,为保障高校学生受教育权,需要建立良好的内部救济制度,并通过法律明确司法审查对于高校管理的合理介入,以充分保障我国高校学生受教育权的实现。

The paper assumes that there is a lack of act of protecting the educational rights ot subjects m Chinese law, judging by the fact that lawsuits are repeatedly turned down by courts of dismissal of college graduates. The dismissal is to deprive subjects of the educational rights. So the writers argue that the lack of legal relief refers to the deprivation of legal rights, and that a beneficent internal legal relief system is to be established, whereby a legal act is added to college administration for the sake of the students in relation to their educational rights.