Principles of educational administrative law enforcement
1. The principle of administration according to law. This means that educational administrative organs must manage according to legal authority, legal procedures and the spirit of the rule of law, and ultra vires is invalid. This is the most basic difference between the administrative activities of modern countries ruled by law. This is because: firstly, the educational administrative organ is the educational administrative organ of the country, and its activities involve all aspects of national education and the vital interests of the broad masses of the people. With the in-depth development of China's education reform, the work between education and economy, science and technology is becoming more and more extensive and complex, and will be closer to the vital interests of the people. Only by administering according to law can we avoid and overcome the randomness and contingency that may occur in administrative activities and ensure the development of national education. Secondly, prevent the educational administrative organs from abusing their power. Power has the characteristic of forcing others to obey. It is easy to be abused. As an extremely important power in state power, educational administrative power enjoys extensive control over schools, students, teachers and educational resources, which is related to the vital interests of the broad masses of the people and the rise and fall of the country. Therefore, on the one hand, it provides a legal basis for the management activities of educational administrative organs by formulating a series of educational laws and regulations, on the other hand, it provides boundaries, restrictions and procedures for the exercise of educational administrative power, which is substantial. Therefore, only by administering according to law and enforcing the law openly, fairly and justly can we ensure that the educational administrative organs can correctly exercise their functions and powers entrusted by law.
2. The principle of power and responsibility unification. It means that in the educational administrative execution activities, the educational administrative organ has the right to apply educational legal norms to the educational administrative counterpart, and at the same time it must bear the legal consequences caused by the implementation of administrative law enforcement. That is, the exercise of power and the assumption of responsibility should be unified, and power cannot be exercised without taking responsibility. This is because: in modern society, everyone is responsible for his own behavior, which is the requirement of modern legal system. Without the responsibility restraint mechanism, people are irresponsible for the legal consequences of their actions, and if their actions are not restrained, society will be in a state of disorder. The relationship between educational administrative organs and citizens is not only the relationship between management and being managed, but also the law enforcement activities of educational administrative organs show the influence of administrative power on citizens and social organizations and their rights and interests. Such activities must conform to the interests of the people and not harm the interests of citizens. If the law enforcement activities of educational administrative organs harm the interests of citizens, they must bear corresponding responsibilities. From the perspective of administrative legal relationship, there is a relationship of rights and obligations between the administrative organ and the counterpart as the subject of legal relationship, which requires the educational administrative organ to undertake corresponding obligations while enjoying certain rights. The existence of such obligations provides legal protection for the rights of the counterpart.
3. Rationality principle. This is put forward in view of the discretionary power enjoyed in administrative law enforcement. Administrative organs should be law enforcement organs, and all their actions should be implemented according to law. However, due to the complexity of administrative affairs, the legislature can't completely restrain administrative behavior through strict legal norms, and has to admit that the administrative organ enjoys a certain degree of behavior choice, that is, discretion. But at the same time, because the administrative discretion is less bound by law, there will be the fact of abuse or the consequences of specific administrative acts that show justice. In order to understand the role of discretion and strengthen the control of discretion, the principle of rationality is put forward in administrative law enforcement. It requires that the motivation of discretionary administrative behavior should conform to the administrative purpose, the behavior should be based on legitimate considerations and the content should be reasonable. An administrative decision that has no legitimate motive (purpose), irrelevant consideration or unreasonable content belongs to the abuse of discretion. This is against the spirit of the law. Improper purposes refer to purposes other than those required or authorized by law. For example, it is an act of pursuing an improper or inappropriate purpose for the staff of the educational administrative organ to charge fees from their school-running units when examining and approving the qualifications for running a school. Irrelevant consideration refers to the consideration of conditions other than those stipulated by law in administrative law enforcement. For example, when approving the establishment of a primary school, because there is no tennis court in the school, it is considered that irrelevant factors are excluded. Unreasonable content means that the content of administrative decision-making is not standardized, and policies and ethics become common sense.
For the forms of educational administrative law enforcement, see Chapter III Educational Administrative Organs.