高校自治权与司法审查的维度——以最高法院公报案例为视角

Autonomy and Judicial Review Dimensions for Universities From the Perspective of Bulletin Case of the Supreme Court

最高法院公报通过其刊登的三起涉及高校行政案件,明确了严重影响学生教育权的处理行为需纳入司法审查。但对于高校自治和司法审查的界限,还应从实体上完善"重要性"的审查标准,程序上确定高校自治行为的正当程序原则,从而既能保证高校自治,又使高校的行为符合法治要求。

The Supreme People＇s Court has issued three administrative cases involving universities and colleges,which determined that the university＇s partial management of students belongs to the scope of judicial review,and gradually expanded the scope,arguing that the treatment that seriously affects the right to education of students is included in judicial review. However,not all university administrative actions fall within the category of judicial review. It must be determined that the judicial review of administrative behaviors at universities is based on ＂importance＂as the entity＇s review criteria,and Autonomous action must meet the requirements of due process,which can not only guarantee university autonomy,but also the behavior of colleges and universities meet the requirements of the rule of law.