解读高等学校的“法律法规授权的组织”资格——以田永诉北京科技大学案为范本展开的分析

“法律法规授权的组织”是非行政机关被推上行政诉讼被告席的惟一事由,也是法院受理田永诉北京科技大学案,为学生打开司法救济之门的前提。然而,法院在田永一案中并没有证成高等学校具有“法律法规授权的组织”资格。尽管单方面性、强制性等是行政权的属性,但并非所有具有这些属性的权力都是行政权。

On the Qualification of University as "An Organization Authorized by Law"

“An organization authorized by law” is the only basis of non-administrative organization (the school) sitting in the dock as defendant. It was also the precondition that the court take in TIAN Yong vs. University of Science & Technology as an administrative case. However, the court has not ever proven that school as “An organization authorized by law” adequately in this case. Administrative power has the character of unilateralism and compulsion, but not all having that is administrative power.