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高校处分权的存在是合理且正当的,它是建设现代大学的需要,也有着坚实的法理基础。高校处分权是高校作为独立法人进行内部管理应有的权利,也对维护学术自由、促进公民福祉有着积极的意义。高校与学生之间的关系应为民事关系,对高校处分权进行司法审查缺乏严格的法律依据。司法审查的存在更多的是出于社会需要和政策考量,这一现实提醒高校应不断完善内部管理制度、规范行使处分权,推进对学生处分的规范化和法治化。
The existence of disciplinary power in colleges and universities is reasonable and legitimate. It is the need of building a modern university and has a solid legal foundation. Disciplinary power of colleges and universities is the right of internal management of colleges and universities as an independent legal entity. It also has positive significance for safeguarding academic freedom and promoting citizen’s welfare. The relationship between colleges and students should be civil relations. There is no strict legal basis for the judicial review of the right to dispose of colleges and universities. The existence of judicial review is more out of social needs and policy considerations, this reality reminds colleges and universities should continue to improve the internal management system, regulate the exercise of the right to dispose of, to promote the standardization and legalization of student disposition.