中小学学生申诉制度优化路径探析——基于31个省份学生管理相关规定的实证分析

Ways to Optimize Students’ Appeal System in Primary and Secondary Schools: An Empirical Analysis Based on Relevant Student Management Provisions of 31 Provinces

《中小学教育惩戒规则(试行)》第十七条和第十八条规定了学生申诉制度,将学生申诉分为校内申诉和行政申诉两个阶段,但对申诉处理程序等核心事项未作出明确规定,有进一步优化的空间。学生申诉制度优化有两条主要路径,一是修订省级学生管理相关规定,二是直接修订《中小学教育惩戒规则(试行)》。通过对31个省份学生管理相关规定的实证分析,发现规定学生申诉制度的省份较少,学生申诉规定中核心要素缺失;学生申诉时间和申诉处理时间等程序事项省际差异较大,且存在与上位法相冲突的情形;在行政申诉与行政复议或者行政诉讼的衔接上,省级学生管理相关规定存在不可逾越的局限性。因此,学生申诉制度需要在修订《中小学教育惩戒规则(试行)》时予以完善,重点是明确学校学生申诉委员会和教育行政部门申诉处理程序。

Articles 17 and 18 of the Disciplinary Rules for Primary and Secondary Education(Trial) provide for the system of student appeal, which is divided into two stages, namely, intra-school appeal and administrative appeal. However, there is no clear provision on the core issues such as appeal handling procedures, which leaves room for further optimization. There are two ways to optimize the student appeal system, one is to revise the relevant provisions on student management at the provincial level, the other is to directly revise the Disciplinary Rules for Primary and Secondary Education(Trial). Through an empirical analysis of the relevant provisions on student management in 31 provinces, it is found that few provinces have provided for student appeal system, and the core elements are missing in the student appeal provisions;the procedural matters such as student appeal time and appeal handling time vary greatly among provinces, and there are conflicts with the superior law;on the connection between administrative appeal and administrative reconsideration or administrative litigation, there are insurmountable limitations in the relevant provisions of provincial student management. Therefore, a reasonable way to optimize the student appeal system is to improve it when revising the Disciplinary Rules of Primary and Secondary Education(Trial), with the focus on clarifying the appeal handling procedures of the student appeal committee of the schools and the education administrative departments.