On Administrative Litigation Protection And Limit The Right To Education

Throughout our legislative system, Remedies for infringement of education no clear provisions in Administrative Legislation. The main use of the judge’s own discretion decide attitude and tendency to avoid acceptance. Legislative and judicial inconsistency of many educational administrative cases of failure to successfully enter into administrative proceedings. The right to education can not be a helping hand to justice after being infringement, deal with. Handle this problem is to first element of the legal relationship between education and the educated to assist clear down. Internal Administrative normalized internal administrative, and civil affairs, administrative affairs, to the same position in the educational institutions of different nature different legal relationships accurate characterization. Further to the right to request a clear basis for the educated. Obviously, a variety of complex cases provided the right to education is divided into three categories later; as one of a class of educational administrative action may be actionable nature and necessity appear. The next step on how you can establish a reasonable, comprehensive protection system administrative proceedings the right to education will be discussed. "No remedy is no right," practical way of relief in the role of the right to education, the equivalent of the doctor is to the patient, the addition of a new "protection" as to the educated, although it can not be applied at any time, even usually can not perceive. However, once the right of education is violated fade weakened when it will be showing its irreplaceable value of redemption. Obviously, the way of Administrative Remedies in Administrative Litigation as the key to its relief and guarantee the right to education is increasingly recognized by scholars.