高校学术不端行为惩戒之过程审思--基于程序正义视角

发布时间：2018-09-06 20:06

【摘要】：与实体正义相比,程序正义更关注过程,在高校学术不端行为惩戒中有其独特价值。但受人治文化传统与行政管理主义思想影响,中国高校学术不端行为惩戒带有人治化与行政化倾向,呈现出操作执行的规则体系尚不健全、调查处理的中立立场缺乏制度保障等程序疴疾,导致惩戒社会公信力下降,给高校蒙上了灰暗之影。优化其机制需突破人治化与行政化思维窠臼,以程序正义为合法性基础,形成结构层次完善、内容逻辑严密的精细化流程,建立学术与行政、审查与处理相互分离的制度性保障,健全民主参与和及时有效的信息公开机制,培育尊重当事主体合法权益和具有公正平等精神的权力主体。
[Abstract]:Compared with substantive justice, procedural justice pays more attention to the process and has its unique value in academic misconduct punishment in colleges and universities. However, influenced by the cultural tradition of rule by man and the thought of administrative management, the disciplinary system of academic misconduct in Chinese colleges and universities has the tendency of "rule by man" and "administration", which shows that the system of rules of operation and execution is not perfect. The neutral position of investigation and treatment is lack of institutional protection and other procedural diseases, which leads to the decline of credibility of the disciplinary society, which has cast a dark shadow on colleges and universities. To optimize its mechanism, it is necessary to break through the thinking pattern of "rule by man" and "administration", take procedural justice as the legal basis, form a fine process with perfect structure and strict content logic, and establish academic and administrative system. We should examine and deal with the separate institutional guarantee, perfect the mechanism of democratic participation and timely and effective information disclosure, and cultivate the power subject who respects the legitimate rights and interests of the subject concerned and has the spirit of justice and equality.
【作者单位】：华东师范大学教育学部教育学系;
【基金】：教育部人文社会科学研究青年基金项目(15YJC880003)
【分类号】：G644

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