行政法视角下看高等学校与学生之间的纠纷

Abstract

教育权对于人的生存和发展来说已然是全世界公认的一项重要权利，但受教育权是受宪法保护的主体公法性权利，在学生接受教育的过程中，与学校发生的纠纷主要体现在三个领域：一是招生录取领域的纠纷，二是毕业证和学位证的颁发授予领域纠纷，三是处分或退学领域的纠纷。面对学校的处分等处罚行为，学生可以采取向所在学校申诉、向学校所在地的教育行政部门申诉、提起行政复议和行政诉讼这些救济手段。但现实中显现的问题，表明我们学生与高校之间的行政法律纠纷解决机制还有重建的空间。 The right to education has been recognized as a human right in a number of international conventions, including the International Covenant on Economic, Social, and Cultural Rights, which recognizes a right to free, compulsory primary education for all, an obligation to develop secondary education accessible to all with the progressive introduction of free secondary education, as well as an obligation to develop equitable access to higher education, ideally through the progressive introduction of free higher education. Disputes with schools during the course of a student's education are primarily reflected in three areas: first, disputes over enrollment; second, disputes over issuing and awarding graduation certificates and degree certificates; and third, disputes over punishment or withdrawal. When faced with punishment such as school punishment, students can appeal to their schools, the local education administrative department, and file administrative reconsideration and administrative litigation. However, the problems in reality demonstrate that there is still room for improvement of the administrative-legal dispute resolution mechanism between our students and universities