论高校受处分学生的司法救济

Discussion on Judicial Relief of the College Students Who are Punished

目前高校拥有对学生的处分权,关涉学生的受教育权与学习权。在司法实践中我们应该扩大行政诉讼的受案范围,明确学校的行政被告主体资格,行政复议与诉讼并举,同时还可以借鉴仲裁制度的优点。

Nowadays, college has the right of dispositions which involving the right to education and learning. In recent years,the things that the students sued the school have occurred, concerned about the students who enjoyed by the judicial relief after being subject to punishment, in judicial practice, we should expand the administrative litigation of the case, confirm the school as defendant as the main administrative qualifications, juxtapose administrative reconsideration and litigation, arbitration system can also draw on the merits.