Can a teacher file an administrative lawsuit if he or she is dissatisfied with an administrative san

Those who are dissatisfied with the administrative sanction may not initiate an administrative lawsuit, but can only apply to the unit that made the original sanction decision for review.

1) National defense, foreign affairs, and other acts of state;

2) Administrative regulations, rules, or decisions or orders formulated or issued by administrative organs that are generally binding;

3) Decisions of administrative organs on rewards and punishments, appointments and removals of administrative organ staff;

4) Administrative acts that are to be adjudicated by the administrative organs as provided for by law.

Article 39 of the Interim Provisions on the Sanction of Personnel of Public Institutions: Where the staff of a public institution receiving a sanction is dissatisfied with the sanction decision, they may apply for a review to the unit that made the original sanction decision within 30 days of knowing or should have known of the sanction decision. Those who are not satisfied with the results of the review may, within 30 days of receiving the review decision, submit an appeal to the competent department of the unit that originally made the sanction decision or to the comprehensive personnel management department of the public institution at the same level in accordance with provisions.

In this case, the issue of whether internal personnel management acts can be the subject of administrative litigation was involved. Internal administrative acts can be divided into two categories: one is the working relationship between the upper and lower administrative organs; The second is the internal personnel management relationship of the administrative organs.

A teacher's appeal to the school for a fair, just and open evaluation in the promotion of a teacher's title should be an internal personnel management act, and such conduct cannot be the object of administrative litigation and is a non-actionable act. Those who are dissatisfied with the school's decision to promote teachers' titles shall submit a review or appeal to the school's competent administrative organ, supervision organ, or personnel organ, but cannot raise an administrative lawsuit in the people's court.

Where teachers are dissatisfied with administrative sanctions, they may initiate an administrative lawsuit. According to Article 2 of the Administrative Litigation Law of the People's Republic of China, if a citizen believes that his or her lawful rights and interests have been violated by the administrative acts of an administrative organ or its staff, he or she may initiate an administrative lawsuit, and the scope of the case includes all kinds of matters specified in Article 12 of the Administrative Litigation Law of the People's Republic of China.

Legal analysis

Legal Analysis: Generally Administrative Sanctions.

Legal basis: "Teachers Law of the People's Republic of China" Article 37: In any of the following circumstances, teachers are to be given administrative sanctions or dismissed by their schools, other educational establishments, or administrative departments for education.

1) Intentionally not completing education and teaching tasks, causing losses to education and teaching work;

2) Corporal punishment of students, which does not change after education;

3) Bad conduct, insulting students, and having a bad impact.

Where teachers have any of the circumstances listed in items (2) and (3) of the preceding paragraph, and the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.

It has to be analyzed on a case-by-case basis. Generally, it is an administrative sanction, but if there is a violation of the order of educational administration and other peaceful acts, an administrative punishment shall be given. Article 37 of the Teachers Law stipulates that if a student does not change after education, has a bad character, or insults a student very badly, the school, other educational institution or the administrative department of education shall give an administrative sanction to the seller of the shack or dismiss him/her.

Summary. Hello <>

After teachers receive school sanctions, they may initiate administrative litigation in accordance with the provisions of the "Administrative Litigation Law of the People's Republic of China". According to Article 2 of the Law, if a citizen, legal person or other organization believes that a specific administrative act of an administrative organ infringes upon its legitimate rights and interests, it may apply for an administrative lawsuit in accordance with the law. For teachers, if they believe that the school's punishment decision is illegal or unreasonable, and infringes on their legitimate rights and interests, they can file an administrative lawsuit with the people's court within 60 days from the date of receiving the punishment notice.

It should be noted that administrative litigation shall comply with the relevant provisions of the Administrative Litigation Law, such as the scope of litigation, the time limit for litigation, and the cost of litigation.

Can a teacher file an administrative lawsuit if he or she is disciplined by the school?

Hello <>

After teachers receive school sanctions, they may initiate administrative litigation in accordance with the provisions of the "Administrative Litigation Law of the People's Republic of China". According to Article 2 of the Law, if a citizen, legal person or other organization believes that a specific administrative act of an administrative organ infringes upon its legitimate rights and interests, it may apply for an administrative lawsuit in accordance with the law. For teachers, if they believe that the school's punishment decision is illegal or unreasonable, and infringes on their legitimate rights and interests, they can file an administrative lawsuit with the people's court within 60 days from the date of receiving the punishment notice.

It should be noted that administrative litigation shall comply with the relevant provisions of the Administrative Litigation Law, such as the scope of litigation, the time limit for filing litigation, and the cost of litigation.

1.Administrative litigation is a judicial procedure designed to protect the legitimate rights and interests of citizens, legal persons, and other organizations. Through administrative litigation, the parties may request the court to review the specific administrative acts of the administrative organs and seek judicial protection.

2.In administrative litigation, the court will examine whether the administrative organ's actions comply with the provisions of laws, regulations and other normative documents, and whether they violate the principles of fairness and reasonableness of the ethnic structure. If the court finds that the administrative organ's punishment is illegal or unreasonable, it may revoke or change the punishment decision.

3.To initiate an administrative lawsuit, some basic conditions need to be met, such as the parties must be citizens, legal persons or other organizations that have been violated by specific administrative acts, and the scope of litigation must be within the scope stipulated by the Law of Balance and Balance. 4.

Administrative litigation is generally initiated by the parties, but there are some special circumstances in which the court can take the initiative to intervene, such as litigation against the inaction of the administrative organ. 5.In the course of administrative litigation, the parties have the right to provide evidence, apply for hearings, request mediation, etc., and enjoy the rights and interests of reduction or exemption of litigation costs.

Therefore, after being punished by the school, if a teacher believes that the punishment is illegal or unreasonable, he or she may initiate an administrative lawsuit in accordance with the provisions of the Administrative Litigation Law to protect his or her lawful rights and interests.