重庆高教研究2026，Vol.14Issue(1)：43-53,11.DOI:10.15998/j.cnki.issn2097-6763.2026.01.005
论公立高校师德惩戒行为的司法审查
On the Judicial Review of Disciplinary Actions against Teacher Ethics in Public Universities
摘要
Abstract
Against the backdrop of the comprehensive implementation of disciplinary measures for teacher ethics in universities,there has been relatively little attention paid to external administrative remedies for major sanctions affecting teachers' rights and interests.The current situation for university teachers initiating administrative litigation is not optimistic.Although the academic community has consistently expressed support for pursuing administrative lawsuits,such actions have not been explicitly endorsed at the level of national policies and legislative norms,and the judicial system maintains a relatively conservative stance.The punishment of teacher ethics in universities is a collective concept that needs to be typified,and personnel disciplinary and internal handling in universities are the objects that need to be studied for teacher ethics punishment.From the perspective of the justiciability of disciplinary actions against teacher ethics,higher education institutions act as administrative entities when implementing such disciplinary measures.This status can be substantiated through both the element of legal authorization and the substantive exercise of management and disciplinary powers.Professional ethics disciplinary actions constitute justiciable administrative acts,and dismissing them as"internal management conduct"to preclude judicial review is insufficient.Furthermore,given the inadequacy of public rights relief mechanisms and the deficiencies in appeal systems,establishing remedies for professional ethics disciplinary sanctions is essential.Regarding the judicial review of professional ethics disciplinary actions:Major sanctions such as dismissal and termination of employment should be incorporated into the scope of judicial review.The core review mechanism should center on revocation lawsuits,establishing two key standards-violations of statutory procedures and manifestly inappropriate decisions-while adopting medium-intensity judicial scrutiny.By coordinating mechanisms that resolve administrative disputes and civil conflicts concurrently,systematic coordination can be achieved in the judicial review framework for professional ethics disciplinary actions in higher education institutions.关键词
公立高校教师/师德惩戒行为/司法审查Key words
public university teachers/disciplinary measures for teacher ethics/judicial review分类
社会科学引用本文复制引用
范奇,余兴凤..论公立高校师德惩戒行为的司法审查[J].重庆高教研究,2026,14(1):43-53,11.基金项目
教育部人文社会科学研究青年基金项目"师德失范的法学释义与制度建构研究"(24YJC880031) （24YJC880031）
