高校“招博”行为的可诉性研究

Study on the Possible Lawsuit of Recruiting Doctor Candidate in HEIs

高等学校招收博士生行为是否属于法院行政诉讼受案范围在法律规范上没有明确规定。但厦门市思明区人民法院审结的"中国博士生招考第一案"我国司法实践中开创了高校"招博"可以提起行政诉讼的先河。我国最高人民法院关于行政诉讼法的《司法解释》的规定为高校"招博"的可诉讼性提供了论证空间和思路,有助于在司法上理清高校"招博"的性质。

Whether the act of recruiting doctor candidate in HEIs is included in the administrative lawsuit in court is not provided in legal documents explicitly. While the first case of doctor candidate entrance examination in China ,which was hold by Siming District People’s Court, opens a new prospect that HEIs can institute administrative lawsuit about recruiting doctor candidate. The provisions of judicial interpretation about the law of administrative lawsuit made by the Supreme People's Court in China make the lawsuit of the act of recruiting doctor candidate in HEIs possible, which is helpful to make the nature of recruiting doctor candidate clearer.