论文部分内容阅读
高校对违纪学生进行处分之前,召开听证会,查明事实,给予学生表达意见的机会,对于预防纠纷发生、保障学生受教育权利具有重要意义。但是目前,我国只有极少数学校建立了听证制度,并且在实施中也存在着各种问题。美国许多高校在学生违纪处分听证方面,具有极为丰富的经验。在美国,各公立高校都设有听证制度,并成立有专门、公正的听证主持机构,通过广泛的受理范围、完善的程序设置等,为学生提供正当程序所要求的权利保障。我国高校可以在听证规则的制定、听证适用范围、听证组织机构和听证人员、听证召开形式以及听证记录的保密性等方面,进行经验借鉴。
Colleges and universities to discipline disciplinary students prior to the hearing, to identify facts and give students the opportunity to express their opinions for the prevention of disputes, to protect students’ right to education is of great significance. However, at present, only a few schools in our country have set up a hearing system, and there are various problems in their implementation. Many colleges and universities in the United States have extremely rich experience in disciplinary sanctions against students. In the United States, all public universities and colleges have a hearing system and set up a special and impartial hearing holding body to provide students with the rights protection required by due process through a wide scope of acceptance and improvement of procedures. China’s colleges and universities can learn from the rules of the hearing, the scope of the hearing, the organization of the hearing and the hearing staff, the form of the hearing and the confidentiality of the hearing record.