The examination and approval authority shall explain the reasons for not approving the formal establishment.
Explain that this article is about the form of issuance of examination and approval results.
First, it was approved and established, and a school license was issued.
The examination and approval authority shall examine the applicant's application for establishment, and approve it in the form of issuing a school license if it meets the conditions for establishment. Approving the establishment of private schools in the form of issuing licenses shows that this is a typical administrative licensing act and must abide by the relevant provisions of the administrative licensing system. Permission usually refers to the behavior that the administrative organ allows natural persons, legal persons or other organizations to engage in specific activities after legal review according to the application submitted by the administrative organ. License forms include license, qualification certificate, qualification certificate and approval documents. The license for running a school is an act that the education administrative organ or the labor security administrative organ examines according to law and allows the applicant to engage in specific school-running activities according to the application of the sponsor. The school license is the legal proof of this license.
There is no provision on the form of school license in this law. The Regulations on Running Schools by Social Forces once stipulated that the school license shall be formulated by the education administrative department of the State Council and printed by the education administrative department and the labor administrative department of the State Council respectively according to their respective responsibilities. A unified style is conducive to establishing the authority of the school license and preventing counterfeiting. In the process of implementing this law, we can still refer to this spirit. Acts of forging or altering school licenses shall be investigated for legal responsibility according to law.
This law does not stipulate whether the examination and approval authorities can charge fees for issuing school licenses. In the spirit that fees must be based on laws and regulations, the examination and approval authorities shall not charge fees from the applicant unless otherwise stipulated by relevant administrative regulations or local regulations. The required expenses are included in the budget of the examination and approval authority and guaranteed by the finance.
The school license shall be held and kept by the sponsor. When carrying out relevant school-running activities abroad, they should take the initiative to show their school-running licenses such as enrollment and publishing enrollment advertisements. Holders are not allowed to lend, lease or buy or sell school licenses, otherwise they will bear corresponding legal responsibilities. Relevant organizations and individual citizens shall respect the rights of school-running license holders, and no unit or individual may confiscate, detain or revoke the school-running license except the examination and approval authority that issued the school-running license.
Two, not approved, it shall explain the reasons.
If the application for running a school is not approved, it shall also inform the parties in writing and explain the specific reasons. This reason should be the substantive reason for approval, not because of incomplete materials, typographical errors and other reasons. Because the materials have been formally reviewed at the time of acceptance and the review period is long, these problems can be completely solved by modifying and supplementing relevant materials during the review process. When explaining the reasons, it shall also inform the parties of the ways and means to apply for relief. There are two kinds of remedies: one is to apply for administrative reconsideration within the statutory time limit. According to the Administrative Reconsideration Law, the reconsideration organ can be the people's government at the same level, the education administrative department at the next higher level or the labor and social security administrative department. Second, you can bring an administrative lawsuit to the people's court where the examination and approval authority is located. You can bring an administrative lawsuit after reconsideration or directly bring an administrative lawsuit without reconsideration. Administrative reconsideration and administrative litigation play an important role in safeguarding the legitimate rights and interests of the parties and ensuring and supervising the administrative organs to perform their duties according to law. The parties should be good at using these systems to safeguard their legitimate rights and interests.