论高校学籍管理行为的司法审查

The Judicial Review of Student Enrollment Status Administration in Higher Education Institutions

Student enrollment status is the symbol for student identity. The cancellation or dismissal of one's enrollment status means the loss of his or her student identity. Thus， student enrollment status， which is closely linked with citizen's right to education， exerts impact on the realization of civil rights. Due to the broad range of student enrollment status administration， the dismissal of a student from a university exerts huge impact on the rights of a student， which is beyond the scope of university authority. Therefore， the cancellation of student enrollment status should be included in the scope of judicial review in court. Regulations on Student Administration for Regular HEIs rules that whether who is unsatisfied with the withdrawal or dismissal from a higher education institution， he can appeal to the institution or administrative department for education. However， appealing is not a prepositional procedure for administrative litigation. At the same time， the court should put the legality and procedure of the administrative behavior at the first place when reviewing the administration of student enrollment status.