关键词: 开除学籍, 治安管理处罚, 一事不再罚, 大学治理

Abstract:

Expulsion for non-academic reasons such as public security management penalties, although there are certain factors of university autonomy, can not be completely withdrawn into the scope of university autonomy, otherwise it will damage the rule of law foundation of university governance. Expulsion from school belongs to the “disciplinary punishment” in the administrative sanction system, and the parallel application of public security management punishment does not violate the principle of “no more punishment for one thing”, but it should be restricted by three aspects of law. First, taking Article 52 of the Regulations on the Management of Students in Ordinary Colleges and Universities as the basis of formal punishment, it still needs to conform to the principle of “excessive punishment is equal” and proportionality, so that its legal application has substantive justice. Second, the expulsion of students due to the punishment of public security administration outside the school is a special case, and the violation of public security administration needs to reach the degree of “serious circumstances”. Third, the determination of “serious circumstances” in colleges and universities is subject to the overall constraint of the punishment decision of public security administration. At the same time, the explanation of “serious circumstances” in universities is limited to the subjective level, and the effect of the whole situation identification is limited.

Key words: expulsion from school, public security administrative punishment, no penalty for one incident, university governance