高校惩戒权与学生受教育权问题探究

Discussion on punishment right of institutions of higher education and undergraduate right to receive education

近年来,高等学校与学生的纠纷案件频频出现,诉讼案件涉及的领域一般是学校对学生行使惩戒权。构建高等学校惩戒权与大学生权利冲突的救济机制,就是要理清高等学校与大学生之间的各种不同关系,在管理过程中贯彻依法治校、依法治教,尊重和保障大学生作为特殊相对人的权利,把严格的目标管理与细致的过程引导相结合,融教育与规范于一体。

In recent years,dispute cases between institutions of higher education and undergraduates appear frequently.Involved fields of litigation case usually are institutions′ punishment right.To construct the relief mechanism about right conflict between institutions of higher education and undergraduates is to make clear the different relations between institutions of higher education and undergraduates,in the process of management follow out the idea of ＂run institution′s affairs according to law＂ and ＂run educational affairs according to law＂,as well as take undergraduates as special relative humans to respect and guarantee their rights,at the same time combine strict purpose management with painstaking process guidance,and blend education with regulation.