大学校规司法适用的逻辑梳理与路径创新

The Logical Development and Path Innovation of the Judicial Application of University Rules

法治是良法之治,良善校规是大学自治的重要保障。近年来,各种违法违规校规频现,严重侵害学生权利。校规接受司法审查既是保障学生权利的现实需求,也是监督大学规范用权的关键之举。现行不抵触标准、不违反标准、依据标准等司法审查标准存在诸多不足。立法关于"法规"审查标准规定较为粗疏,不具借鉴意义;应借鉴立法及司法关于"规范性文件"审查标准之规定,确立校规合法性司法审查标准。同时,引入比例原则,提高校规司法审查强度,确保裁判结果公平公正。

The rule of law is the rule of good law, good university rules are an important guarantee for university autonomy. In recent years, kinds of illegal rules are high frequency, seriously infringing on the rights of students. The fact that university rules are subject to judicial review is not only a realistic need to respond to the protection of students＇ rights, but also the key to supervise university standardize the use of rights. There are many deficiencies in the existing standards of judicial review such as non-incompatibility, non-infringement, and basis, etc. The legislation on the ＂regulations＂ review standards is relatively sparse, and it is without reference.We should refer the provisions of the legislative and judicial review standards for ＂normative documents＂,establishing a judicial review standard for the legality of school regulations. At the same time, introducing the principle of proportionality, improving the intensity of judicial review of school regulations, ensure that the referee results are fair and just.