论高校学生处分权及相关制度的完善

发布时间：2018-04-02 04:22

本文选题：高校学生处分权　切入点：制度　出处：《湖南师范大学》2015年硕士论文

【摘要】：当前,高校与大学生之间的纠纷频发,这与我国不当行使高校学生处分权密切相关。高校要维持一定的管理秩序,对违反校纪校规的学识给予必要的惩罚和处分,是实现高校教书育人的必要手段。这也是法律赋予高校管理权和处分权的初衷。我国高校处分权由来已久,但其性质一直没有定论。我国高校学生处分权事关学生权利的保护,但高校学生处分权仍存在法律地位不明确、学生申诉制度不完善、高校学生管理相关配套制度建设不到位的问题,致使学生在受到处分后,其权力难以得到及时有效的救济。我国高校处分权的权力来源既有国家授权、家庭教育权的委托,也是高校自主管理权的体现。当前,高校行使学生处分权有其自身的法律基础,是高校权力中的应有之义,但也应防止其滥用权力。在阐述高校处分权的权力来源和不当行使存在的问题后,思考高校学生处分权的限制,完善与处分权相关的制度是必然之义,这也是本文最为核心的部分。首先,高校学生处分权隶属行政法的内容,其制度设计中必须遵循行政法中的法律保留原则、合法性原则和比例原则。其次,学生在受到高校处分后,其申诉救济途径应当是顺畅的,结合我国实际情况,应明确学生申诉处理委员会的机构与人员设置、保证高校学生申诉制度的程序公正、扩大高校学生申诉的范围。最后,高校处分权的限制还必须从高校规章制度和构建开放的高校学生管理体系角度进行完善。我国高校与大学生之间的纠纷很多是因为高校不当行使学生处分权而产生的。如何平衡高校科学管理和学生权益维护的关系变得非常重要。本课题希望从行政法视角对我国高校学生处分权的限制进行研究,试图为我国高校管理提供一些有益的、可行的思考路径。
[Abstract]:At present, there are frequent disputes between universities and college students, which is closely related to the improper exercise of the right of punishment of college students in our country. Colleges and universities should maintain a certain management order and give necessary punishment and punishment to the knowledge that violates the rules and regulations of the school discipline. It is the necessary means to realize the teaching and educating people in colleges and universities. This is also the original intention that the law endows universities with the right of administration and punishment. The disposition right of colleges and universities in our country has a long history, but its nature has not been decided. The right of disposition of college students in our country is related to the protection of students' rights. However, there are still some problems such as unclear legal status, imperfect student appeal system, inadequate construction of relevant supporting system for student management in colleges and universities, resulting in students being punished after punishment. It is difficult to get timely and effective relief for its power. The power source of disposition right in colleges and universities in our country is not only the authorization of the state, the entrustment of the right of family education, but also the embodiment of the right of independent management of colleges and universities. Colleges and universities have their own legal basis to exercise the right to dispose of students, which is the proper meaning in the power of colleges and universities, but it should also prevent them from abusing their power. After expounding the source of power and the problems existing in the improper exercise of the power of punishment in colleges and universities, It is inevitable to think about the limitation of students' right of punishment and to perfect the system related to the right of disposition, which is also the core part of this paper. First, the right of disposition of college students belongs to the content of administrative law. The system design must follow the principle of legal reservation, legality and proportionality in administrative law. Secondly, after being punished by colleges and universities, the way of appeal and relief should be smooth, combined with the actual situation of our country, the system design must follow the principle of legal reservation, the principle of legality and the principle of proportion. It is necessary to make clear the organization and personnel of the student complaint handling committee, to ensure the fairness of the procedure of the appeal system of university students, and to expand the scope of student appeal in colleges and universities. The limitation of disciplinary power in colleges and universities must also be perfected from the angle of university rules and regulations and the construction of an open management system for college students. Many disputes between colleges and universities and college students are due to improper exercise of the right of disposition by colleges and universities. How to balance the relationship between scientific management and the protection of students' rights and interests has become very important. This subject hopes to study the limitation of the right of punishment of college students in our country from the perspective of administrative law. This paper attempts to provide some useful and feasible ways of thinking for the management of colleges and universities in our country.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.16

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