依法治国视阈下高校学生管理程序正当研究

The Principle of Due Process in University Students Management from the Perspective of Rule of Law

高校学生管理工作被纳入法治化轨道不仅是依法治国方略的必然要求,也是高校推进高等教育改革的必由之路。然而,囿于传统"从严管理"的思维定式,高校仍较少从学生的立场出发,尤其是从正当程序原则角度考虑高校与学生之间的法律关系,这阻碍了高校管理法治化的推进。本文拟借助逻辑分析法,揭示当前高校学生管理适用正当程序原则的可能性及面临的问题,以期通过完善高校学生管理法律体系、增强高校学生管理者的法律意识、建立健全高校学生管理机构等措施来维护高校学生管理程序正当原则,并从实体和程序两方面构建正当程序体系,推进高校学生管理法治化的实现。

Taking the university students management work into the legal track is not only an inevitable requirement of ruling the country by law, but also a choice for colleges and universities to promote the reform of higher education. However, due to traditional ＂strict management＂ thinking, universities are less likely to consider the legal relationship between universities and students from the standpoint of students, especially from the perspective of the principle of due process, which hinders the ad- vancement of the rule of law in University management. The paper discusses the possibility for colleges and universities to apply the principle of due process in their students management and the potential difficulties by means of logical analysis. To tackle these problems and to guarantee the successful application of this principle, we should improve the legal system of university students management, enhance the legal awareness of the management and establish university students management mechanism. Besides, the system of due process be constructed in both entity and procedure, in order to push the legalization of students man- agement in colleges and universities.