Research On Problems Of Educational Administrative Litigation System

This article is concerned about the Educational Administrative Litigation System .In the paper, after analyzing many administrative lawsuits, making comments on the right to gain good education that stipulated as the fundamental right of citizen by the Constitution and the protection system of which also, studying the legal position of the universities or colleges and the legal relations between the students and school, the author affirms that any decision or behavior concerned the student's right made by the universities or colleges should be administrative. The legal relation between the school and the students are varied with the different action by the universities or colleges. When the action is administrative, the legal relation is administrative too and should be unequal, thus the administrative litigation system should be taken to solve their dispute, if any. On consideration of the specialty of the school as a lawsuit subject in an administrative case, a special administrative litigation System must be established in the administrative litigation system. To make it better, legislation both in substantial and procedure is the initial and basic job. Legislations in substantial will solve the problem in accordance. For procedure legislation, the most important principle "Due process of law"should be taken in , Both in procedure and in substantial . Secondly, the range of the administrative litigation must be expanded. And the rules about the procedure & standards etc. must be made. By taking the administrative procedure systems, judicial composition and judicial authority to the rationality, we can make the educational administrative litigation better.