高校学生纪律处分纠纷的解决机制探究

A Probe into the Mechanism of Resolving Disciplinary Disputes of College Student

在我国高校教育管理中如何把握自治与法治的尺度,以法治精神和原则完善高校内部的学生纪律处分规范及其纠纷解决机制,这既是保障学生合法权益的内在需求,也是推进高校教育法治的重要内容。本文对高校与学生的法律关系予以科学定位,确认高校学生纪律处分行为的法律性质,将高校学生纪律处分纠纷类型化,剖析相关纠纷产生的主要原因,理顺并完善高校学生纪律处分纠纷解决过程中诉讼与非诉讼解决机制,实现诉讼与非诉讼纠纷解决机制的有效衔接。

The paper probes into the settlement mechanism of disciplinary punishment dispute in universities and colleges. In the higher education management system, how to control the criteria between self-governance and government by law and how to perfect the dispute resolution mechanism inside the school based on the legal spirit and the legal principle is an internal need not only to protect the students’ legitimate rights and interests, but also to promote the law-related education in Colleges and universities. The exploration aims at the realization of the effective link-up with the dispute settlement system between the lawsuit and the non-lawsuit, through the following measures： 1. Scientifically to locate the legal relationship between schools and students; 2. Concisely to confirm the legal nature for the students’ disciplinary punishment; 3. Gradually to categorize the dispute of disciplinary punishment; 4. Carefully to analyze the chief reasons for the relevant disputes; 5. Seriously to disentangle and perfect the settlement system in the procedure of students’ disciplinary punishment dispute either in lawsuit or in non lawsuit.