专门学校入校决定程序的反思与司法化改造
Reflection and Judicial Reform of the Admission Decision Procedure of Special Schools

我国现行法律针对有严重不良行为的未成年人规定了矫治教育、专门教育、专门矫治教育等类型干预措施。专门学校作为专门教育与专门矫治教育两种罪错未成年人干预措施的执行场所，受到学界与公众的广泛关注。然而，关于未成年人进入专门学校接受专门教育或专门矫治教育决定程序的法律规定较为宏观、模糊，同时现行“评估同意 + 决定”的行政化入校决定模式也存在着评估主体与决定主体缺乏专业性、决定程序缺少未成年人参与、救济监督机制不完善等诸多弊病。应探索实现对专门学校入校决定程序的司法化改造：通过引入社会专业机构参与评估工作，增加评估工作的专业化程度；通过设置听证程序，保障未成年人的参与权；通过设置评估结果异议处理机制，保障未成年人的自我救济权。在此基础上，赋予评估结果以决定性效力，同时发挥教育行政部门与公安机关在专门学校入校决定程序中的程序性确认功能，以使专门学校入校决定程序更为合理，更为贴近实践需求。
China’s current laws provide intervention measures such as correction education, special education, special correctional education, and other types of for minors with serious bad behavior. As a place for the implementation of two kinds of intervention measures for juvenile delinquents, special education and special correction education, special schools have received extensive attention from the academic community and the public. However, the legal provisions on the decision-making process for minors to enter special schools for special education or special correctional education are relatively macroscopic and vague. At the same time, the current administrative decision-making mode of “assessment consent + decision” also has many disadvantages, such as the lack of professionalism of the evaluation subject and the decision subject, the lack of participation of minors in the decision-making process, and the imperfect relief and supervision mechanism. We should explore the realization of the judicial reform of the decision-making process of school enrollment in special schools: to increase the professionalization of the evaluation work by introducing social professional institutions to participate in the evaluation work; protect the right of participation of minors by setting up hearing procedures; the self-relief right of minors is guaranteed by setting up an evaluation result objection handling mechanism. On this basis, the evaluation results are given decisive effect, and the procedural confirmation function of the administrative department of education and the public security organs in the decision-making process of school enrollment in special schools is given full play, so as to make the decision-making process of school enrollment in special schools more reasonable and closer to the practical needs.