高校学位纠纷处理中的正当程序研究

Research on Due Process of Dealing with Disputes in Colleges and Universities

正当程序原则作为行政法治的重要原则之一,既是依法治校的题中应有之义也是依法治校的重要保障。然而,现实是正当程序原则在高校学位纠纷处理中的规定不明、不具体甚至缺失导致了一系列"学生母校对簿公堂"案件的发生。因此,有必要在宏观层面确定正当程序原则,并在学位授予、学位撤销、事后救济等三方面设置具体严格的程序性规定。

As one of the most important principles, due process principle is not only the very feature but also an important guarantee for governing the school by law. However, due to the imperfection of laws and regulations and the absence of school management, the principle of due process has always been unclear, unspecific, or even missing in the handling of college degree disputes, and this has led to several cases in which ＂student confront with alma mater are in court＂. Therefore, in order to solve the problem, it is necessary to determine the principle of due process at the macro level, and to set specific and strict procedural regulations on degree award, degree revocation, and post-accusation relief.