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学校是依法具有法人资格的事业单位,是行政管理的相对人。学校与学生的关系是一种管理关系,其对学生作出的惩戒行为,是一种内部管理行为,不同于行政机关对外作出的具体行政行为。学生认为学校的行为侵犯其合法权益,将学校作为被告提起行政诉讼,不符合我国现行行政诉讼法律制度的规定。因学校不具有行政法律意义上的可诉性,故学校作为行政诉讼法之被告不适合。
The school is a legal entity with legal institutions, is the relative person of administration. The relationship between a school and a student is a kind of management relationship. The disciplinary action against a student is an internal management act, which is different from the specific administrative act made by the executive organ. Students think that the behavior of the school infringes upon their legitimate rights and interests and that the school as the defendant lodges an administrative lawsuit, which is not in conformity with the provisions of the legal system of administrative litigation in our country. Due to the fact that the school does not have the possibility of litigation in the administrative law, it is inappropriate for the school to be the defendant in the Administrative Procedure Law.