学生违纪处分事由下的高校被诉风险与应对策略

The Risks and Countermeasures of Being Sued Under the Punishment of Students’Disciplinary Violation in the University

高校在行使国家赋予的公民教育权时,通常被视为具有一定行政管理职权的行政主体。当学生因违法违纪行为被高校给予违纪处分后,如果对处分结果不服且无法调和,往往会选择通过司法途径来解决争议。面对行政诉讼,高校在学生管理实践中应当深入了解其被诉类型以及风险。在此基础上,高校应增强法治观念,提高依法治校水平,改进学生管理工作质量,努力防范和化解被诉风险。

When exercising the right of citizenship education granted by the state,universities are usually regarded as administrative subjects with certain administrative powers.When students are punished by the University for violating the law and discipline,if they are not satisfied with the result of the punishment and cannot be reconciled,they often choose to solve the dispute through judicial channels.In the face of administrative litigation,colleges and universities should have a deep understanding of the types and risks of being sued in the practice of student management,cultivate the awareness of the rule of law,improve the level of governing the university according to law,and improve the quality of student management,so as to reduce and prevent the risk of being sued.