学生同居受处分的法律思考——论学校自主管理权保障与学生合法权益保护之谐调

Some Reflective Observations of the Disciplinary Punishment for the College Students' Illegal Cohabitation

近年来,学校成为被告的频度不断增高,学校在很多争议中成为社会关注的焦点。实际上,争议的核心在于学校的自主管理权问题。笔者认为,依法维护学校的自主管理权是非常重要的。而学校自主管理权的基本内涵是:学校的管理活动,不违法即合法。通过对学生同居受处分这一典型案例的剖析,笔者提出了实现对学校自主管理权保障与学生合法权益保护之谐调的期待。

In recent years, the number of the college or university has been increasingly brought lawsuits in law courts as defendant. Hence, they become a focus noticed in the society. In fact, what is focused on is because of the authoritative right of the colleges or universities to manipulate their own students. The writer of the thesis therefore beholds that it is essential for the school authorities to defend their own autonomous right to manipulate their schools implies that the school authorities are legal if what they do not violate the law. The author, through analytical study of the model case, brings up a prospective proposition of how to realize the reconcilication between protecting the autonomous right to protect and defending the legal rights of the students.