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惩戒权的存在是维护高校自治的需求,合理合法行使惩戒权也是实现教育目的的需要。但我国的现状是高校惩戒权的界限和行使的程序缺乏明确的规定和相应的监督。此外,救济的缺失使得学生合法权益难以得到保障。本文提出了从实体规则、司法程序、救济和监督几方面来完善高校惩戒权的一些思路和解决方法。
The existence of disciplinary right is the need to safeguard the autonomy of colleges and universities, and the reasonable and lawful exercise of the right to discipline is also the need to achieve the goal of education. However, the status quo of our country is that the disciplinary power of colleges and universities do not have a clear definition of the limits and procedures for exercising the procedures and the corresponding supervision. In addition, the absence of remedies makes it difficult to guarantee the legitimate rights and interests of students. This article puts forward some ideas and solutions to improve the disciplinary right of colleges and universities from the aspects of substantive rules, judicial procedures, relief and supervision.