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关于大学生纪律处分条例的合法性规制研究,自“田永案”起受到各方关注,相关理论层出不穷。但是笔者在收集并研读了数十所高校的纪律处分条例文本后发现,仍有许多与法律规定相违背,侵害学生合法权益的内容存在。本文总结关于纪律处分条例的相关学理论著,以“内容瑕疵的同质性”和“侵害权利的同类性”为标准,进行分类,探究大学生纪律处分条例适用现状,并从法理学和教育学角度,以学生为本,提出相关合理化建议。
As for the study on the lawful regulation of the regulations on the disciplinary punishment of undergraduates, since the case of “Tian Yong” has drawn the attention of all parties, the related theories are endless. However, after collecting and studying the disciplinary texts of dozens of colleges and universities, the author found that there are still many contents that violate the law and violate the legitimate rights and interests of students. This article summarizes the disciplinary sanctions regulations related to the theoretical study, “content homogeneity of content defects ” and “similarities infringement rights ” as the standard, to classify, to explore the status quo of college students disciplinary sanctions regulations, and from the law Neo-Confucianism and pedagogy, student-oriented, put forward the relevant rationalization proposals.