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The Case Analysis On Mr.Gu V. Jianye Education Bureau District Division In Nanjing

Posted on:2018-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:S B ZhangFull Text:PDF
GTID:2346330542970030Subject:Law
Abstract/Summary:PDF Full Text Request
With the continuous development of education industry in our country,the parents pay more attention to children's education.In order to obtain high quality and limited resource education,parents buy expensive flat but with little value to obtain the qualification to an excellent school,which is a universal phenomenon especially at elementary school stage.Since our country realizes district division problem,administrative cases of school district division have been caused increasingly year by year,the result to solve this kind problem is not satisfied.At the same time,many real estate developers have profited enormously,but the children cannot enter the ideal school,causing great harm to parents and children.Based on case of Mr.Gu v.Jianye Education Bureau in Nanjing in Jiangsu Province,the comprehensive use of case study,theory and practice and many other methods,it summarizes the major issues of case,analyzes related problems and puts forward the effective solutions,in order to decrease the such cases.First of all,based on the case of Mr.Gu v.Jianye Education Bureau district division,it states the process and outcome of the case,and inductive the main disputes,which lays a solid base on deep analysis in the following.Secondly,through in-depth analysis of the case disputes,it discusses whether district division behavior belongs to the scope of accepting cases,whether violates the principle of the entrance to the nearest of the compulsory education law and whether conforms to the procedure legitimation.With the trial of the case,it can be found that Jianye Education Bureau district division behavior is the specific administrative act,which should belong to the accepting cases,because the administrative is a one-time behavior.Besides that,district division also conforms to the nearby principle of the compulsory education law,which should take school-age students,school size and distribution,community location into consideration.The nearest entrance to elementary school does not mean that the distance of the line is nearest.In the process of administrative action,it is also in accordance with the procedure principle.Finally,considered the relevant district administrative cases,it analyzes several problems,puts forward to promote entity and procedure legal.It states the effective dispute resolution mechanism to promote education fair.On the basis of guarantee the legitimate rights and interests of parents and students,it reduces the occurrence of such cases in the future.
Keywords/Search Tags:District Division, Specific Administrative Act, Nearby Principle, Procedure Legitimation
PDF Full Text Request
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