论高校纪律性惩戒权与学生合法权益的冲突与平衡

On the Conflict and Balance between the Power of Disciplinary Punishment and Students’ Legitimate Rights and Interests in Colleges and Universities

摘要: 高校作为国家最重要的高等教育实施机构，肩负着传承、传播学术理念及管理、教育学生的双重责任，也面临着自治与法治的平衡难题。一旦学生违反纪律性规定破坏了教学、管理秩序，高校如何在兼顾处罚与教育的基础上行使权力对学生行为予以规范、惩戒，这是学生个体性、独立性意识越发突出的今天不可回避的问题。因此，为实现高校教育目的、保护学生合法权益、促进高等教育健康持续发展，需要明析高校惩戒权的来源、性质及学生的合法权益内容，并在梳理高校治理所存在的现实问题基础上，厘清二者之间的冲突，从实体、程序两方面加强对高校纪律性惩戒权的法律控制，实现二者的平衡。

Abstract: As the country’s most important higher education implementing institutions, colleges and universities shoulder the dual responsibility of inheriting, disseminating academic ideas, managing and educating students, and also facing the problem of balancing autonomy and the rule of law. Once students violate the disciplinary regulations and destroy the teaching and management order, how can colleges and universities exercise their power to regulate and punish students' behavior on the basis of taking into account punishment and education? This is an unavoidable problem today as students’ awareness of individuality and independence is becoming more and more prominent. Therefore, in order to achieve the purpose of college education, protect the legitimate rights and interests of students, and promote the healthy and sustainable development of higher education, it is necessary to clearly analyze the source and nature of college disciplinary power and the content of students’ legitimate rights and interests, and on the basis of sorting out the practical problems existing in college governance, clarify the conflict between the two, strengthen the legal control of the disciplinary punishment power in colleges and universities from the two aspects of substance and procedure, and realize the balance of the two.