行政法视角下的高校教师师德失范治理

Governance ofTeachers'Moral Anomie in Colleges and Universities from the Perspective of Administrative Law

在行政法视角下高校教师师德失范治理有两个问题值得关注:一是高校作为行政相对人受到教育行政机关权利减损性对待时,高校的权利救济路径如何通畅;二是高校作为行政主体,对师德失范教师进行处理时,其行政行为如何受到司法监督。目前高校教师师德失范治理呈现的特点是:教育行政机关以抽象行政行为为主、以具体行政为辅;高校行为定位以内部行政行为为主、以外部行政行为为辅;行政立法以实体规范建设为主、以程序规范建设为辅。优化高校教师师德失范治理体系,需要规范教育行政机关的教育行政行为,需要以渐进方式推进司法审查高校教师师德失范纠纷案件,需要行政立法进一步细化师德失范处理的程序性规则。

From the perspective of administrative law,two issues of governance of teachers’moral anomie deserve attentions.First,as administrative counterparts,when colleges and universities are subjected to reduced rights treatment by educational administrative agencies due to the chaotic effectiveness of teacher ethics governance,how can the rights relief path for universities be smooth;second,as administrative bodies,when colleges and universities deal with teachers who violate professional ethics,how their administrative behavior is subject to judicial supervision.The current characteristics of the governance of teachers'moral anomie in colleges and universities are that the educational administration mainly relies on abstract administrative behavior,supplemented by specific administration.The positioning of university behavior is mainly based on internal administrative actions,supplemented by external administrative actions.Administrative legislation is mainly based on the construction of substantive norms,supplemented by the construction of procedural norms.Optimizing the governance system for the misconduct of university teachers'professional ethics requires standardizing the educational administrative behavior of educational administrative agencies,promoting judicial review of disputes over the teachers'moral anomie in colleges and universities in a gradual manner,and further refining the procedural rules for handling such misconducts through administrative legislation.