分析了高校与学生的法律关系,以及高校处分考试作弊学生的法律依据。认为应将高校的各类考试纳入《国家教育考试法》规范的范围;国家有关考试违规的立法应当明确行使处罚权的主体,细化处罚的种类,规定处罚的程序;勒令退学、开除学籍或者取消学位和毕业证等牵涉剥夺受教育者基本权利的处罚,应召开听证会。 The legal relationship between college and students is analyzed, as well as the legal basis for the college students to cheat students. It is suggested that all kinds of examinations in colleges and universities should be included in the norms of “National Education Examination Law”; the national legislation on examinations of violations should clarify the subjects that exercise the right of punishment, refine the types of punishment, and stipulate the procedures for punishment; order to withdraw from school, Abolition of diplomas and diplomas and other penalties involved deprived of their basic rights, should hold a hearing.