论教育考试处罚中的程序正当原则

On the Principle of Procedural Justice in the Punishment of Education Examinations

行政程序是衡量行政行为是否合法有效的标准之一。在教育考试处罚中,强调程序正当原则是为了进一步规范和制约教育考试机构的执法权,保障考生的正当权益。程序正当原则要求教育考试机构在行政处罚中做到:下达处罚决定前向考生预告知,慎用停考权力,对考试重大处罚进行集体研究,给考生权利救济预留时间,利害关系人回避。在教育考试执法实践中,对如何正确理解和执行程序正当原则仍存在一些争议。

Administrative procedure is one of the criteria for judging whether administrative acts are lawful and effective. In the punishment of educational examination,emphasizing the principle of due process is to further regulate and restrict the law enforcement power of educational examination institutions and to protect the legitimate rights and interests of examinees. The principle of due process requires educational examination institutions to inform examinees beforehand before issuing penalty decisions;to use the power of suspension carefully;to conduct collective research on major penalties for examinations;to reserve time for remedy of examinees' rights;and to avoid stakeholders. In the practice of educational examination law enforcement,there are still some disputes about how to correctly understand and implement the principle of due process.