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近年来出现为数不少的学生诉高校处分不当案,反映了高校在行使处分权时存在诸多问题。学生的受教育权容易受到高校不当处分的侵犯,二者之间的冲突加剧。究其原因主要是由于高校处分权的执行不规范和受教育权的法律救济机制不健全。因此,我们应数管齐下,充分运用法律来解决高校的学生处分权与大学生受教育权的利益冲突,以此维护学生的合法权益。
In recent years, there have been a large number of students v. Improper punishment of colleges and universities, reflecting the existence of colleges and universities in the exercise of the right to dispose of many problems. Students’ right to education is easily infringed upon by universities and colleges, and the conflict between the two is exacerbated. The reason is mainly due to the non-standard implementation of the right to dispose of colleges and universities and the legal relief mechanism of the right to education is not perfect. Therefore, we should take full account of the law and make full use of the law to solve the conflicts of interest between students ’right of disposition and the right to education of college students so as to safeguard students’ legitimate rights and interests.