高校学生管理引入程序公正的法律思考

Improvement of Collegian Management from the Perspective of Due Process

防止公权力的膨胀和滥用是程序公正的核心价值,高校学生管理涉及到公权力的运用,无疑也是需要公正程序的规范。然而,由于受到高校自主管理权理论和计划经济体制等因素的影响,我国高校学生管理实践往往忽视程序公正,导致学生的合法权利受到侵害。校规是高校学生管理中最直接的依据,因此,重视高校校规的制定应体现程序公正的要求,并且建立一套较为完善的学生违纪公正处理程序。

It is the core value of due process to prevent the public power from expanding and misusing. And since collegian management involves the use of power it also requires standardization by the due process. However, due to the influence of theory of college autonomy right and the planned economy system, the due process is always neglected in the practice of collegian management, which causes the legal rights of students to be infringed. As school regulations is the direct warrant in collegian management, it is significant to represent the due process during the process of school regulation-making, and it is necessary to establish a set of more perfect due process on students＇ disciplinary violations.