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校规是学校管理的重要依据和手段,在依法治校中的作用非常关键。随着我国教育法治环境的不断改善,校规在依法治校中的规则治理作用愈益明显,在合法性和合理性方面也面临着比以往更高的标准和要求。通过对中美两所中学校规的比较发现,我国校规存在以下问题:未分清学生义务的性质和层次、对学生义务的表述不够清晰、责任规定不能与义务对应且形式单一、缺乏权利救济方面的规定。我国学校应针对以上四方面的问题改进校规,实现校规从管理本位到权利本位的转变。
School rules and regulations are the important basis and means of school management, and the role of school management according to law is very crucial. With the continuous improvement of the rule of law in education in our country, the regulatory role of school rules in governing schools according to law has become increasingly evident, and the legitimacy and rationality are also facing higher standards and requirements than ever before. By comparing the two school rules in China and the United States, we find that there are some problems in our school rules: the nature and hierarchy of student obligations are not clear, the student obligations are not clearly defined, the liability rules can not be matched with obligations, the forms are simple, and there is a lack of right relief Provisions. The schools in our country should improve the rules and regulations in the light of the above four aspects so as to realize the transformation of the school rules from management-oriented to rights-based.