Journal of East China Normal University(Educational Sciences) ›› 2020, Vol. 38 ›› Issue (2): 1-18.doi: 10.16382/j.cnki.1000-5560.2020.02.001

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Retrospect and Prospect of Educational Administrative Disputes and Their Resolution in China—Taking “Top Ten Administrative Disputes in Promoting the Rule of Law in Education” as Examples

Zhan Zhongle1,2, Jin Lantao1   

  1. 1. Law School, Peking University, Beijing 100871, China;
    2. Institute of Politics and Law, Shihezi University, Shihezi 832003, Xinjiang, China
  • Online:2020-02-20 Published:2020-01-21

Abstract: The Administrative Procedure Law has been enacted for 30 years, and educational administrative disputes are characterized by diversified types, diversified subjects and complicated cases. Correspondingly, a multi-disciplinary dispute resolution mechanism including intra-school appeals, off-campus appeals, administrative reconsideration and administrative litigation has also taken shape. At the same time, judicial practice has gradually established the principles of due process, proportionality, self-sponsorship and rights protection, highlighting judicial activism. However, compared with various legal disputes and multiple claims for rights, there is still room for improvement in the design of relevant systems and judicial practice. This involves weak effectiveness and cohesion of dispute resolution, lack of legal basis for due process principle. Also, the scope of judicial review is relatively narrow and its intensity is relatively weak. In order to effectively prevent and properly resolve the administrative disputes in education, we should establish an academic review mechanism that returns to knowledge rationality, respects the law of education and the ontological characteristics of different disciplines, promotes the academic evaluation back to academic logic and strengthens the administrative procedure legislation in the field of education. At the same time, it is necessary to effectively integrate different educational administrative dispute resolution mechanisms, clarify the boundaries between school autonomy and judicial review, and enable rights claims to be expressed through institutionalized, standardized, and rule of law channels, so as to properly resolve conflicts.

Key words: educational administrative disputes, educational administrative litigation, school autonomy, due process, judicial review, rule of law of education