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在一起大学生申诉案中,高校对学生作出的退学处理是否合法理成为争议焦点。目前比较通行的观点是,高校作出的退学处理虽不是处分,但其有剥夺学生受教育权利的实际效果,因此应从程序和实体的合法性方面进行审查,不仅审查其合法性,也要审查其合理性,重点在于合法性审查。该学生申诉案从法理角度分析没有问题,但是在情理上就有值得同情之处。对学生申诉的处理,应在坚持法治化的前提下,法理与情理适当平衡。高校的学生工作,应加强法治化管理。
With a college student complaint case, college students dropped out of school to deal with whether the legitimate reason to become the focus of controversy. At present, the prevailing view is that although the withdrawal from university is not punished, it has the practical effect of depriving students of their right to education. Therefore, the legitimacy of the procedure and the entity should be examined not only for its legitimacy but also for its review Rationality, with emphasis on legality review. The student case from the legal point of view there is no problem, but in fact there is a place worthy of sympathy. The handling of student complaints should be in the premise of upholding the rule of law, the law and reason appropriate balance. University student work, should strengthen the rule of law management.