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随着教育行政诉讼案件大量的涌现,保障学生的权利已经为广大公众所认可。但是学生在诉讼阶段的权利如何保障,还存在着理论和实践方面的欠缺。起诉不停止执行原则的修正乃是保障学生在诉讼阶段的权利的一个重要方面。对起诉不停止执行原则及其理论基础进行分析,对起诉不停止执行原则的缺陷进行修正,在保障学生在诉讼阶段的权利中有着重要的意义。
With the emergence of a large number of administrative litigation cases in education, the protection of the rights of students has been recognized by the general public. However, how to protect the rights of students during the litigation stage is still lacking in theory and practice. The amendment that the prosecution does not stop implementing the principle is an important aspect of protecting the student’s rights during the litigation stage. The prosecution does not stop the implementation of the principle and its theoretical basis for an analysis of the prosecution does not stop the implementation of the principles of the amendment, to protect the rights of students in the litigation stage is of great significance.