论高校处分学生行为的司法审查

Judicial Review of the Act of Punishing Students by Colleges and Universities

司法实践中对高校处分学生行为的处置不一,原因在于立法上缺乏对高校处分学生行为性质的明确界定。高校处分权的性质及学生受教育权的保障决定了司法审查高校处分学生行为具有正当理由,但是司法审查也应当尊重高校自治权,在程度上有所限制。

The judicial handlings of colleges and universities＇ punishing their students differ from each other due to the lack of a clear legislative definition of the nature of punishment. The nature of the right to punish students and the students＇ rights to education determine the rightful act of judicial review of the punishment. However, the review should not be overdone and independent administration in colleges and universities must be respected.