Abstract:
The judicial disputes over the power of punishment in primary and secondary education are diverse and complicated, but generally they can be divided into infringement of the right to education and infringement of personal rights.Before the promulgation of the Rules on Educational Punishment, Chinese courts mainly tried the disputes caused by the power of educational punishment as civil cases.Article 18 of the Rules on Educational Punishment provides new relief rules, including some cases of educational punishment power into the scope of administrative litigation.According to the general principle of administrative law, judicial review of educational punishment should follow the standard of punishment legality, due process and proportion principle, as to properly regulate the educational punishment protect citizens’ rights.
