Administrative Law and Right Relief on the Problem of the Imposter Enrollment
ZHOU Zhongmin1，ZHOU Youyong2
1.School of Law, Southeast University
2. Department of Politics and Law, Party School of the Central Committee of C.P.C（National Academy of Governance)
Abstract：The behavior of imposter enrollment seriously infringes the right to education of the replaced, so it should be regulated and relieved. However, affected by the identification of behavior nature, the existing regulatory means and right relief still have the problems of insufficient procedural regulation, unclear review responsibilities of colleges and universities, lack of compensation liability and difficulty in realizing re-enrollment. Based on this, it is necessary to redefine the nature of enrollment behavior. Through careful comparison, it can be determined that the enrollment is neither a civil contract act nor an administrative agreement, but an administrative license with delay conditions. Therefore, it is necessary to regulate the problem of imposter enrollment according to the control logic of administrative license. In terms of regulatory means, the exercise of college enrollment power must adhere to the procedural rules such as limited information disclosure and participation in important matters, and clarify the review responsibilities of colleges and universities at different stages, so as to reduce the occurrence of imposture from the source. In terms of right relief, the compensation liability of different tort subjects should be clarified, and the displaced persons right to education should be guaranteed through the analysis of re-enrollment.
周钟敏,周佑勇. 冒名顶替入学的行政法规制与权利救济[J]. 浙江工商大学学报, 2022, 36(6): 64-74.
ZHOU Zhongmin，ZHOU Youyong. Administrative Law and Right Relief on the Problem of the Imposter Enrollment. Journal of Zhejing Gongshang University, 2022, 36(6): 64-74.
2022, Vol. 36 
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