Study On Judicial Review Of School’s Administrative Behavior

With strengthening of national process of rule of law and popularization of legal concept, school students’ consciousness of subject of right increasingly strengthens and disputes concerning administrative behavior between students and school gradually increase as well. In the meantime, China’s education laws and regulations and administrative procedure law on judicial review of school’s administrative behavior are relatively obscure, leading to repeat of dilemma in judicial practice and students’ rights are not fully relieved. Gradual increase of this phenomenon has triggered general attention and extensive discussion in educational circle. It is controversial of whether school’s administrative behavior can be conducted judicial review, and researches on this theory can be numbered so far. Through defining the scope of China’s judicial review of school’s administrative behavior, it puts forward specific measures to improve judicial review system of school’s administrative behavior. It conducts analytical investigation by combining theory with practice and based on theories such as protection of human rights, special power relation and judicial final settlement. The improvement of judicial review system of school’s administrative behavior is of important theoretical significance and realistic value in safeguarding students’ rights and interests, protecting school teaching order, promoting school’s process of rule of law and helping modification of administrative procedure law.This paper is divided into six chapters: the first chapter is the exordium, which mainly introduces putting forward of questions and theoretical significance and practical value of China’s judicial review of school’s administrative behavior and listing of research methods of this paper. The second chapter is the outline of school’s administrative behavior and its judicial review, which mainly probes into classification of school behavior, definition of school, type of law, definition standard and classification of school’s administrative behavior as well as theoretical basis of China’s judicial review of school’s administrative behavior. The third chapter is the status analysis of judicial review of school’s administrative behavior in China. It mainly analyzes the dilemma of judicial review system of school’s administrative behavior in China and the source of generation of dilemma by combining existing law-making stipulation in China with practice status. The fourth chapter is evaluation and analysis of theory and practice of judicial review of extraterritorial school’s administrative behavior. It makes a comparative analysis of judicial review system of school’s administrative behavior in developed countries or regions of continental law system, common law system and mixed legal system and analyzes enlightenment of extraterritorial legislation towards improvement of judicial review system of school’s administrative behavior in China. The fifth chapter is the improvement of China’s judicial review system of school’s administrative behavior. It first proposes basic principles that should be followed by improvement of judicial review system of school’s administrative behavior. Secondly, it puts forward setting of legislation model. Finally, it proposes improvement measures of specific contents of legislation from substantial law and procedural law. The sixth chapter is the conclusion, which mainly makes summary of views and conclusions of the whole paper.The research emphasis of this paper lies in interpreting the foundation of basic theory of judicial review of school’s administrative behavior and exploring the legislative dilemma and the courses of China’s judicial review of school’s administrative behavior in China. Through referring to experience of extraterritorial countries and regions with advanced rule of law and combining with China’s traditional legal culture and current national conditions, it proposes specific suggestions on improving China’s judicial review system of school’s administrative behavior. Theoretical innovation of this paper lies in explicitly defining the review scope and review standard of China’s judicial review of school’s administrative behavior.