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校规的法律适用是高校治理及其纠纷解决中的重要问题。“单一基本权利观”下的校规治理论扭曲了教师、高校、学生与公权力相互之间的法律关系,误读了法律保留原则,也造成了校规治理范围的混沌状态。校规自治的核心在于寻求成员权利保护和学术自由保障之间的平衡。国家法与校规之间不构成上下位法的关系,校规具有填补国家法空白的功能,同时在特定情形下,亦可突破国家法的桎梏。从校规正当性的本源出发,司法审查应当建构组织标准、程序标准与实体标准的多维审查体系。
The legal application of school rules is an important issue in university governance and its dispute resolution. The theory of school governance under the concept of single fundamental rights distorts the legal relationship between teachers, colleges and universities, students and public powers, misread the principle of legal reservation, and also causes chaos in the scope of school rules governance. The core of school autonomy lies in finding a balance between the protection of members’ rights and the guarantee of academic freedom. The relationship between national law and school rules does not constitute the upper and lower law, and the school rules have the function of filling in the blank of the national law. In the specific circumstances, the school rules can also break the shackles of state law. Starting from the origin of the legitimacy of school rules, judicial review should construct a multi-dimensional review system of organizational standards, procedural standards and substantive standards.