高校学生违纪处分听证制度的构建与规范

Establishing and Regulating the Hearing System for the Imposition of Disciplinary Sanctions on University Students

纪律处分是高校依法循章对违纪学生实施制裁的手段,它在构建和稳定学校办学秩序方面发挥着重要作用。然而,在实际工作中由于存在民主意识淡漠、缺乏与学生沟通等原因,导致学生与学校对簿公堂的事例时有发生。为维护学校声誉,也为了尊重学生的人权,变"事后救济"为"事前预防",一些高校已着手"学生处分听证制度"方面的有益探索。但学生处分听证制度尚属新生事物,还处于讨论与浅实践阶段,还有待进一步规范。

Disciplinary punishment, as a means of imposing disciplinary sanctions against students or student organizations when their conduct materially violates the rules and regulations of the university, plays an important part in maintaining a stable environment or order conducive to university operations. However, due to many causes, such as weak democratic consciousness, lack of communication with students and so forth, cases oft arise that university authorities and students have to resort to lawsuits over their disputes. To safeguard their reputations as well as to respect students＇ human fights, many universities have attempted to establish a ＇hearing system for the imposition of disciplinary sanctions on university students＇ so as to turn ＂post-facto relief and remedy＂ into ＂preven- tion in advance＂. Given that the students＇ punishment hearing system is still a new phenomenon that awaits further discussion and concrete practice, such a system must remain subject to close scrutiny and regulation.