Research on the Control of Discretionary Power in Punishing Ethical Misconduct of University Teachers
Discretion is almost present throughout the entire process of administrative actions.Granting universities the discretionary power to punish teachers'ethical misconduct is conducive to achieving justice in individual cases,but uncontrolled discretion can easily lead to risks of disorder.Currently,there are issues with the control of the discretionary power to punish teachers'ethical misconduct in Chinese universities,such as unclear symbolic legislative authorization,inherent defects in regulatory"law enforcement",and insufficient modest judicial correction.Based on the control mechanism of discretionary power,from the perspectives of rule control,procedural control,and result control,a control system for the discretionary power to punish teachers'ethical misconduct in universities should be constructed,with moderately refined rules for punishing teachers'ethical misconduct,"visualized"procedures for punishing teachers'ethical misconduct,and a joint internal and external correction and relief mechanism as the core.This ensures that the exercise of the discretionary power to punish teachers'ethical misconduct in universities is predictable,supervisible,accountable,and trustworthy,thereby safeguarding the legitimate rights and interests of teachers and students,and promoting long-term governance of teachers'ethics in the new era.
teachers'ethical misconductadministrative discretionTeachers Lawcontrol of discretion