论高校处分违纪学生之裁量权的行使偏差

On the Deviational Exercise of Discretion in Student Discipline in Higher Education Institutions

Although educational laws and regulations have confirmed that higher education institutions have the discretionary power in student discipline， the practice of discretion in this area is trapped in a dysfunctional dilemma. The abuse of discretion leads to a deviation from the purpose of education; the defective exercise of discretion weakens the disciplinary function; the proper exercise of discretion can hardly gain judicial respect and compromise. The reasons are summarized as follows: the faculty and staff in higher education institutions lack the sense of rule of law in the proper exercise of discretion; the student disciplinary system is incomplete in higher education institutions; the overuse of judicial discretion erodes academic autonomy. The paper puts forward several proposals to regulate the use of discretion in student discipline.