Mandatory Administrative Review Before Court Of Educational Administrative Cases

In recent years,as the concept of the rule of law continues to take root in the hearts of the people,college students' awareness of the protection of their own rights has continued to increase,and the awareness of rights protection has continued to increase.Disputes between students and universities continue to appear,but the functions of the administrative review system have not been brought into play as they should.Therefore,discussing the construction of mandatory administrative review before court for educational administrative cases has strong practical significance.The reason for the mandatory administrative review before court of educational administrative cases in colleges and universities is established,that is,mandatory administrative review before court is necessary to resolve such disputes.Two prerequisites are required:First,administrative review has specific advantages in resolving such disputes;The second is that this particular advantage can only be effectively brought into play through mandatory review.Necessity analysis mainly refers to the advantages of administrative review in resolving educational administrative cases,that is,respect for the prior judgment of administrative agencies,administrative agencies' review decisions are more professional,review decisions are authoritative,administrative review can achieve substantive justice and help maintain social harmony.Moreover,only through review first can the advantages of administrative review in educational administrative cases be better utilized.In terms of feasibility analysis,mandatory administrative review before court will not hinder the parties from seeking court relief.In addition,the current laws and regulations provide for administrative review pre-conditions and educational administrative litigation cases,which are highly similar in characteristics.Therefore,it is feasible to apply the mandatory administrative review before court to educational administrative litigation cases.The specific conception of the pre-review of educational administrative cases in colleges and universities,including the following aspects:First,the basic principles of pre-review of educational administrative cases in colleges and universities,namely the principle of independence,the principle of justice,and the principle of judicial finality.Secondly,in the scope of pre-administrative review,it is advocated that cases involving enrollment,major sanctions against students by universities and academic evaluations that affect the realization of students' right to education can be included in the pre-reviewscope of educational administrative review;again,the pre-review system In terms of design,the National People's Congress and its Standing Committee amend the Education Law to clarify the mandatory administrative review before court system in the education field.Finally,in the reconsideration procedure,it is advocated to standardize the review period,establish a debate system,improve the inversion of the burden of proof,implement a hearing system,and implement Public announcement system and file system.