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教师和学生参与校规制定在西方高校已经成为普遍现象,但我国还没有师生参与校规制定的制度保障。校规制定行为具有行政行为和立法行为双重性质,不论从行政行为还是从立法行为进行考察,师生都应该参与校规制定过程。不仅如此,师生参与校规制定在尊重高校办学规律、尊重教师的政治地位、保护学生权利、协调高校与学生关系、培养学生的民主能力等方面都具有重要的现实意义。因此,应该通过立法确保师生参与校规制定过程。
Teachers and students involved in the formulation of school rules in Western universities has become a common phenomenon, but our country has not yet involved in the rules and regulations of school system of protection. The formulation of school rules has the dual nature of administrative acts and legislative acts. Students and teachers should participate in the school rules making process both in the administrative act and in the legislative act. Not only that, teachers and students in the formulation of school rules have an important practical significance in respecting the rules of running a university, respecting the political status of teachers, protecting the rights of students, coordinating the relationship between colleges and students, and cultivating students’ democratic ability. Therefore, legislation should be adopted to ensure that teachers and students participate in the school rules making process.