正当程序原则是美国宪法确定的一项政府行为原则与司法审查原则,其涵义在法律发展过程中经历了很大的变化。正当程序原初仅有程序性涵义,后来经过司法判例中法官的解读,又具有了实体性涵义。20世纪70年代以来,由于学生在公立学校接受教育逐渐被视为了一项受宪法保护的财产权利,因此,公立学校对学生的停学处分开始适用宪法上的正当程序原则。Goss案及其所确立的学生短期停学及开除处分的程序性标准与实体性标准,有效地平衡了公立学校管理学生的权力与学生的受教育权利,可以为公立学校正确行使停学处分提供参照。 The principle of due process is a principle of government action and judicial review established by the U.S. Constitution. Its meaning has undergone great changes in the process of law development. Due procedure originally had only procedural connotation, and later passed the interpretation of the judge in judicial precedent, it also had the substantive meaning. Since 1970s, because students are gradually receiving education in public schools as a property right protected by the Constitution, public schools begin to apply the principle of due process to the suspension of students. The Goss case and its established procedural and substantive standards for short-term suspension and expulsion of students effectively balance the power of public school management students with the right of students to education, which can provide a reference for public schools to correctly exercise their suspension.