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近年来,频繁出现大学生因考试作弊受到退学或不授予学位的处分而状告母校的案例,从法院的判决看,有胜诉的,也有败诉的。前不久,西华大学对该校50名大学生作出“勒令退学”的处分,原因是这些学生在上学期数学期末考试中,存在找人代考或帮人代考的作弊行为。处分作出后,多名学生不服,并拟进行法律诉讼。由此再度引发了学校开除作弊学生是否合法的讨论。从媒体的报道看,高校之外的各界包括法律界,多对大学开除作弊学生持否定态度,帽子还挺大的:违宪。依据是不能剥夺宪法规定的“公民有受教育的权利”。如果按照这样的因果关系来推理,企业也无权辞退违反
In recent years, frequent cases of college students complaining of alma mater due to cheating in examinations or disqualification from examinations, judging from court judgments, winning or losing. Not long ago, Xihua University punished 50 college students in the school for “refusing to go to school” because these students cheated in the final semester of the last semester to find a substitute for a college entrance examination or to help someone substitute for the exam. After the punishment was made, many students were dissatisfied with the lawsuit and proposed legal proceedings. This once again raised the school to expel cheating students legitimate discussion. From the media coverage, all walks of life outside the universities, including the legal profession, and more denied university students a negative attitude, the hat is quite big: unconstitutional. The basis is not to be deprived of constitutional “citizens have the right to education.” If you follow this causal relationship to reasoning, companies have no right to dismiss the violation