试论学籍管理过程中的权利损害与救济

Discuss on the right damage and protection in school record management

针对近年来学生与高校之间的很多纠纷是由于学生认为学校的处分失实或失当,为了维护自身的权利,最终通过司法途径来解决情况,根据2005年颁布的《普通高校学生管理规定》体现的"凡权利必救济"的思想,为切实保护学生的根本权利,以学籍管理过程中发生的两种典型学生权利损害为例,对学生权利损害及其产生原因进行了分析,提出学生权利救济应遵循的原则和加强权利救济的建议。

In recent years, the dispute between students and colleges became more frequent, and many disputes are due to the false and not proper punishments which lead the students to get to the legal way to protect their rights. The University Students Management Rule which is published in 2005 has show the idea ＂Every Right should be protected＂. In order to surely protect the basic rights of students, has set two typical students right damage in school record management as examples, made analysis to the result and reason, and put forward some suggestion on the principles in student right protection and how to enhance to right protection.