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随着依法治国方略的推进,法治观念逐渐深入人心,这样一个必然趋势或背景倒逼着高校推进其法治化建设,而高校学生权利的保护是其中重要内容。法治的核心问题是程序问题,我国向来重实体而轻程序,但程序的重要性在高校法治化建设中的重要性却不言而喻。高校学生权利保护需要从程序问题入手,突出大学章程建设中的程序重要性;建立和完善科学合理的处分程序规则,在这些规则中尤应注意证据制度、告知制度和听证制度;建立多元化的法律救济制度,对学生权益的救济形成了一个由校内学生申诉制度、教育行政复议制度和教育行政诉讼制度组成的体系,三者之间层层递进。
With the promotion of the strategy of ruling the country by law, the concept of the rule of law gradually enjoys popular support. Such an inevitable trend or background forces the colleges and universities to push forward their legal construction, and the protection of college students’ rights is an important part. The core issue of the rule of law is procedural issues. Our country has always been focusing on substantive and light procedures. However, the importance of procedural procedures is self-evident in the legalization of colleges and universities. The protection of college students’ rights needs to start with the procedural issues, highlighting the importance of the procedure in the constitution of university constitutions, establishing and perfecting the scientific and reasonable disciplinary rules of procedure, paying particular attention to the evidence system, the informing system and the hearing system in these rules and establishing a pluralistic Legal relief system, the relief of student rights and the formation of a system of appeal system by the school students, education administrative review system and education administrative litigation system composed of layers of the three progressive.