公立高校开除学籍处分的司法救济微探

Judicial Relief to the Punishment of Expulsion from School at Public Colleges and Universities

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.