行政法视阈下民族成份作假考生之处理研究

On Disposal of the Examinees Whose Ethnic Status were Falsified from the Perspective of Administrative Law

  • 摘要: 对民族成份作假骗取高考加分的考生,近年来主要有“取消加分”和“取消录取资格”两种处理方式。取消录取资格等惩罚性处理属于行政处罚,有关部门依据行政规范性文件的规定对考生实施行政处罚,不符合行政处罚法定原则。根据目前的相关规定,有关部门只能取消考生骗取的加分,将其违规信息记入电子档案,对符合所填报高校调档要求的考生,应当向有关高校投档。高校在对此类考生的电子档案进行审查后,有权自主决定是否予以录取。

     

    Abstract: There are different ways to dispose of the examinees whose ethnic status were falsified to get preferential treatment in college admission in recent years. The related office violated the principle that administrative punishment must be prescribed by law, because the examinees were punished according to the documents of administrative norms. At the present stage, the government department should disqualify the examinees from getting preferential treatment, take notes of their fraud in their electronic files, and deliver them to the colleges. After investigating the electronic files, the colleges have the authority to determine whether to enroll them or not

     

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