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高考分数达到高校预估分数线而与高校签订关于填报志愿和保证录取的协议,并收到高校发出的预录取通知书,而最终分数并未达到高校正式录取分数线以致不能被签约高校录取的考生,其权利受到了损害。高校本属于事业单位,但预录取行为是高校行使法律法规授予的招生权过程中出现的行为,是一种针对相对人的行政行为,此时,高校就成为行政主体。对预录取行为的这一法律性质的确定决定了这类考生受损之权利的救济有行政申诉、行政复议、行政诉讼三种途径。更有效的解决之道还是严格规范招生行为。
College entrance examination scores to reach the college scores and college signed with college sign voluntary and guaranteed admission agreement and received notice of pre-admission issued by colleges and universities, and the final score did not reach the college entrance examination scores that can not be signed college enrollment candidates, Its rights have been compromised. Colleges and universities belong to the institutions, but the pre-admission behavior is the behavior of colleges and universities in the process of enacting the procuratorial rights granted by the laws and regulations. It is an administrative act against the relatives. At this moment, colleges and universities become the administrative bodies. The determination of the legal nature of the pre-admission behavior determines the remedies for the damage of such candidates: administrative appeal, administrative reconsideration and administrative litigation. More effective solution is to strictly regulate enrollment behavior.