法治化视野下的高校学生管理研究

A Research on College Students Management from the Legislative Perspective

我国一系列学生诉高校案件的出现折射出高校学生法治化管理中存在的问题,如学校和学生之间的法律关系没有理顺、高校偏重行政管理缺乏法治精神、学生权益救济途径欠缺等。高校学生管理法治化不仅是依法治国和高校体制改革的需要,更是学校以人为本、维护学生合法权益的必经之路。实现高校学生管理的法治化一方面需要学校尊重法律、依法处理学生与高校间争端,另一方面也需要学生参与法治化进程并予以监督。

The emergence of a series of ＂students V. college＂ cases reflects deficiency in the legalized management of college students in China. The legal relationship between college and students is not smooth; colleges and universities focus on administrative management due to the lack of spirit of rule of law, student rights and interest lack of channels. The legalization of student management in colleges and u-niversities is not only the need of governing the country according to law and the reform of the college system, but also the way for the college to protect legal rights and interests of the students. To achieve the legalized management of college students, on the one hand, colleges need to respect the law and deal with disputes between students and college according to the law; on the other hand, colleges need supervision of the students involved in the process of legalization.