高校处分权的行使及其完善

Implementation and Perfect of Punishment and Sanction Power in Higher Education Institutions

高校处分权是一种行政权力,它的不当行使将导致静态的校规侵权和动态的管理中的具体侵权,包括侵犯学生的实体权和程序权。为减少教育纠纷,需要确立法律保留原则、合法性原则、正当程序原则、比例原则以及高校抽象行为和具体行为的司法审查。

The punishment or sanction powers of higher educational institutions belong to a kind of administrative powers, and its undue exercise will possibly result in static infringements of students?ˉ rights by the regulations of colleges or universities, or in dynamic and specific infringements of students?ˉ rights by the specific administrative activities of colleges or universities, where students?ˉ rights that will be violated include both substantive rights and procedural rights. In order to restrain and eliminate these educational disputes, it is necessary and important to establish principle of legal reservation, principle of legality, principle of due process and principle of proportionality and principle of judicial review over higher educational acts, whether abstract or specific.