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篇名 |
公立高校开除学籍处分的司法救济微探
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並列篇名 | Judicial Relief to the Punishment of Expulsion from School at Public Colleges and Universities |
作者 | 周祿濤、陳桂蓉 |
英文摘要 | The management of public colleges and universities must carry out the basic spirit of the comprehensive framework for promoting the rule of law. Judicial relief to the punishment of expulsion from school must conform to the basic requirement of the comprehensive framework for promoting the rule of law. At public colleges and universities, the punishment of expulsion from school is featured by strong punitivity and statutory application. As the setting of this type of punishment is valid and actionable, the judicial relief to it should choose relevant provisions and procedures of administrative proceedings as well as the principle of focusing on legality review, supplemented by reasonable review. In the long term, it should also set the administrative reconsideration procedure. Besides that, the court's review of school rules involved must follow the indirect review principle during the process of trial. |
起訖頁 | 028-034 |
關鍵詞 | 全面依法治国、公立高校、开除学籍处分、司法救济、The Comprehensive Framework for Promoting the Rule of Law、Public Colleges and Universities、Punishment of Expulsion from School、Judicial Relief |
刊名 | 復旦教育論壇 |
期數 | 201709 (15:5期) |
出版單位 | 復旦大學 |
該期刊 上一篇
| 《民办教育促进法》修法决定中“补偿奖励条款”研究 |
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| 论高校处分违纪学生之裁量权的行使偏差 |