高校教师惩戒之司法救济———基于53件高校人事争议诉讼案例的考察

The Judicial Remedy of the Disciplinary Action on College Teachers: A Study Based on 53 Personnel Dispute Judgment Documents

As an action with the nature of power， disciplinary action on college teachers should be subject to judicial remedy. China's law categorizes disciplinary action on college teachers into the scope of labor disputes. This， to some extent， is to achieve the monitoring of disciplinary power， but also needs to be improved. Based on the modern university system and adhering to the principle of the rule of law， we should clearly stipulate the scope of case acceptance and reduce the discretion space of the court. With reference to labor law on internal regulations within an institution， legitimately reviewed university regulations can be used as the basis for a judicial judgment. Attached trials can be utilized to monitor university regulations. Regulations and other administrative normative documents should be applied with necessary restrictions; they can only be used as a basis for reasoning after being lawfully and effectively reviewed.