英国中小学开除学籍之适用条件及其启示

The Applicable Conditions of Expulsion from Primary and Secondary Schools in Britain and Its Enlightenment

开除学籍作为限制和影响学生受教育权这一基本权利的最严厉的惩戒形式,其适用条件应当有严格规制。开除学籍也是英国中小学校教育惩戒的形式之一,分为作为最后手段的永久开除和作为替代手段的暂时开除。学校在校规校纪中均明确规定了开除的适用条件,主要包括一般适用、排除适用和特殊保护等。通过适用条件明晰及具体的规定,既充分保护了学生受教育权,保障了教师合法合理实施教育惩戒,又有效维护了学校教育教学秩序,保障了学校教育目标值达成。借鉴英国经验,我国在制定相关规范、落实教育惩戒权时,应从开除学籍的类型、开除学籍适用的具体条件进行具体规范,以保障教师合法合理实施教育惩戒。

Expulsion is the most severe form of punishment that restricts and affects the basic right of students to receive education,and its applicable conditions should be strictly regulated.Expulsion is also one of the forms of educational discipline in British primary and secondary schools,and it is divided into permanent expulsion as a last resort and temporary expulsion as an alternative.The applicable conditions of expulsion,mainly including general application,exclusion application and special protection,are clearly stipulated in school rules and regulations.The clear and specific provisions of the applicable conditions not only fully protect the students’right to receive education,ensure that teachers implement educational discipline legally and rationally,but also effectively maintain the order of school education and teaching,and ensure the achievement of school education goal.Drawing on the experience of Britain,China should standardize the type of expulsion and the specific conditions applicable to expulsion when formulating relevant norms and implementing the right of educational discipline,so as to ensure that teachers can implement educational discipline legally and reasonably.