论“处分先例”在高校学生处分制度中的构建

The Establishment of “Punishment Precedent” in Students' Punishing System in University

基于对高等院校对学生处分权力来源的分析,从实际出发,对高等院校学生处分制度进行了理性的、法律的审视。从合理性角度剖析了高等院校学生处分制度存在的问题和不足,从程序正义的法治理念出发,试图通过“处分先例”制度重新构建高等院校学生处分制度的新体系,以保障学生权益,推动高校法制建设,实现“依法治校”。

Based on the analysis of the power source that universities used to punish their students, this paper surveys rationally and legally the punishing system to universities students from reality. It concludes the disadvantages of this punishing system in reasonable perspective. In the thoughts of procedural justice and nomocracy, the author tries to establish a new system of punishing precedent to university students to protect their rights and promote the legal system and the realization of governing the universities according to law in universities.