论高校学生管理的法治缺失与制度重构

我国高等教育飞速发展,高校管理法治化的进程却相当缓慢。目前,高校学生管理中存在着十分严重的法治缺失,主要包括:高校学生管理规范违法、高校学生管理规范制定过程不民主、管理行为缺乏正当程序、学生权利的救济途径模糊等。文章通过分析缺失产生的深层次原因,提出高校学生管理应树立法治理念,体现以人为本的精神,依法治校,实现高校学生管理制度重构。

On the Failure of Managing Students in the Light of Laws in Higher Learning Institutions and Reconstruction of Student' Management System

Higher education develops rapidly in China, however the process of legislation in the management in higher learning institutions is rather slow. Currently, failure of managing the students in the light of laws is a very serious problem in higher learning institutions, which is reflected in many aspects, they are: the illegal student administrative norms; lack of democracy in the process of constituting the norms; lack of justice procedure in the administrative conduct; vagueness in guarding the students' rights, and so forth. After analyzing the causes of failure of managing the students in the light of laws in depth, this paper puts forward that we should adopt the concept of managing students in the light of laws, advocate embody the people-oriented spirit, run the institution by law, and reconstruct the system of student management.