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高等学校依据《教育法》第28条授予的学籍管理权,对受教育者作出的取消入学资格、退学处理或者开除处分的决定,既撤消了自己向符合本校录取标准的学生授予的本校入学许可资格,事实上也同时撤消了教育行政部门授予达到国家规定录取分数线考生的高等学校入学许可资格,因而是一种由法律授权的组织所作的涉及学生受教育权的具体行政行为。学生申诉处理委员会作为受理学生不服学校的处理决定而设立的学生权益救济机构,虽然很难无障碍地被纳入目前已有的复议、诉讼和仲裁救济体系,但它显然也不可能是高校的内部咨询机构。鉴于它在解决学生与学校的纠纷方面具有中立、专业、亲和、便捷等独到的优势,以及它所具有的机构独立性、人员专业性、决定不具有终局性等特点,宜将其定性为行政仲裁机构,并且需加以重新构建后,才能消解其与现行法律规范之间存在的龃龉,找到其合理存在的空间。
The decision of college to grant the right of student status management in accordance with Article 28 of the Education Law to disqualify the educated from entering school, withdraw from school or dismiss him not only withdraws his admission to the school for students who meet the admission criteria The qualifications, in fact, also abolished the educational administrations’ eligibility for admission to colleges and universities that meet the state’s requirements for admission to college entrance examination scores. It is therefore a specific administrative act involving the right to education of students as authorized by the law. The Student Claims Processing and Dispute Settlement Board, a student rights relief agency set up to accept students’ handling of school refusals, can not be easily incorporated into existing reconsideration, litigation and arbitration relief systems, but obviously it can not be internal to higher education Consulting agency. In view of its distinctive advantages of neutrality, professionalism, affinity and convenience in settling disputes between students and schools, as well as the characteristics of its institutional independence, professionalism and its lack of final conclusion, it should be characterized as Administrative arbitration institutions, and need to be rebuilt, in order to resolve the existing problems with existing laws and regulations, to find its reasonable existence of space.