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随着我国法治国家理念的深入,学生的维权意识增强,学生诉学校的事件屡见不鲜,但由于我国立法的不完善以及司法机关在实践中对于学生诉学校的可诉性理解不同,导致在实践中法官对什么案件可诉什么案件不可诉存在较大分歧。本文通过区分高校的处分行为和处罚行为,从而明确处罚行为可以提起行政诉讼,处分行为应通过内部程序救济。
With the deepening of the concept of the rule of law in our country, the students 'sense of rights protection is enhanced. The students' v. School incident is not uncommon. However, due to the imperfect legislation of our country and the different comprehension of the suables of the students in the judiciary in practice, There is a big discrepancy between what the judge can prosecute and what cases to prosecute. This article distinguishes the behavior of punishment and punishment in colleges and universities, so as to clarify the punishment can bring an administrative lawsuit. The punishment should be remedied through internal procedures.