Legal analysis: legally speaking, there is no legal basis, that is to say, expulsion from school itself is an ultra vires act of the school and violates the education law. The right to education is a basic human right, and it is also the basic right of citizens stipulated in our constitution.

Legal basis: According to Article 46 of the Constitution of People's Republic of China (PRC), People's Republic of China (PRC) citizens have the right and obligation to receive education, and the state cultivates teenagers and children to develop in an all-round way in morality, intelligence and physique.

Article 13 of the Law on the Protection of Minors in People's Republic of China (PRC) stipulates that schools should fully implement the national education policy and provide moral, intellectual, physical, aesthetic, labor, social life guidance and adolescent education to underage students. Schools should care about and care for students; Students with shortcomings in conduct and difficulties in learning should be patiently educated, helped and not discriminated against. As a basic human right, the right to education cannot be arbitrarily deprived or restricted, unless the obligee's continued enjoyment of this right will harm the public interest or the legitimate rights of others, and the legitimate rights of others are more important than the plaintiff's right to education.