An Analysis of the Actionability of Educational Discipline in Primary and Secondary Schools

In the perspective of "importance theory", the four educational disciplines of suspension of school, transfer to specialized school for correction, order to withdraw from school and expulsion from school may detract from the basic education rights of students and are actionable. However, the administrative litigation against the educational disciplines in primary and secondary schools faces triple obstacles in the prosecution stage: lack of subject qualifications, vague scope of accepting cases, and insufficient capacity for responsibility. To break through the triple barriers to the suability of educational punishments in primary and secondary schools, a normative basis need be created for primary and secondary schools to be administrative subjects, the "expansion of purpose" method should be used to expand the scope of case acceptance in Article 12, Item 12 of the Administrative Procedure Law so as to bring the right for education into the scope of accepting cases, and the actionable behavior should be limited to situations that violate the right for education.