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On The Accepting Range Of Administrative Lawsuits About Higher Education In China

Posted on:2012-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:L M ZhenFull Text:PDF
GTID:2216330338970371Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
To the rule of law in China against the background of the road, university governance legal issues continue to come out, especially the college students of various management practices for whether the scope of administrative litigation included in the review of the issue to become an important issue that we must pay attention.In the highly differentiated and highly integrated disciplines of contemporary higher education is multi-disciplinary areas involved. Thus the scope of administrative litigation of higher education involves the administrative litigation law, education and higher education, science and other disciplines, cross-cutting issues.This article from the perspective of Administrative Litigation Law, summarized the process of higher education students in the management of the disputes involved in the type of.Preliminary analysis of the educational status of the scope of administrative litigation, and that problems at the same time, put forward a sound range of higher education administrative proceedings several countermeasures and suggestions. Our judicial practice for administrative proceedings to find theoretical support in the end result is a civil law countries, "official legal theory " and the "special power relationship "theory of reference for the amendment.At the same time students in colleges and universities in the management of conduct "public administration" of the proof theory also applies to the administrative litigation system provide a realistic basis. At the same time students in colleges and universities in the management of conduct "public administration"of the proof theory also applies to the administrative litigation system provide a realistic basis.....To achieve the higher education law and the complementary relationship of university autonomy.Based on the above analysis, through the Higher Education Administrative Litigation define the scope of the interests of students of university for the reference to provide some relief.This paper argues that, first from higher education administrative litigation theoretical analysis of scope, considered public institutions of higher learning institutions or authorized organizations laws and regulations for public colleges and universities as positioning the administrative organization solve adverse accused. Secondly analyzed from practice of China's higher education administrative lawsuit by the scope of accepting cases of administrative litigation existing regulations do not clear the scope of accepting these problems and the deep reason. Last part of administrative litigation by the scope of the analysis of the existing problems of China's higher education is to solve the perfection of administrative litigation range universities, puts forward the behavior, enact autonomous rule for the universities to implement college enrollment behavior, the student to punish the behavior, degree certificate issued by institutions of higher learning behavior, and other daily management behavior behavior analysis, which can be included in the scope of accepting cases of administrative litigation actions, only such review analysis of education, can realize the scope of administrative litigation, control and standardize the education legal development promotes higher, the real fairness, promote the education fair.
Keywords/Search Tags:higher education, higher education management disputes, administrative proceedings, case range
PDF Full Text Request
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