Under the concept of state authority,my country's teaching materials governance presents an un-balanced governance structure in which administrative power is superior and judicial power is weak.Due to the limitations and hysteresis of a single administrative governance logic,the intervention of judicial power is urgently needed to achieve a balanced development of the teaching materials governance pattern.Teaching materials governance contains national and social public interests,and the use of educational pub-lic interest litigation to fill the judicial gap in teaching materials governance is in line with the policy orien-tation of actively and steadily expanding the scope of public interest litigation cases and the institutional value of public interest litigation.In terms of functional positioning,the functional positioning of public in-terest litigation as a supplementary mechanism for administrative supervision should be clarified,so as to realize the effective cooperation between administrative power and judicial power in the field of safeguard-ing public interests.In terms of system structure,it should be clear that the procuratorial organs are quali-fied plaintiffs in public interest litigation,and the procuratorial suggestions should be used as the pre-proce-dure of prosecution,and the responsibility methods such as recalling and disposing of teaching materials,making apologies,eliminating influence and conditional damage compensation should be clearly defined.
关键词
教育公益诉讼/国家事权/教材治理/法治保障
Key words
educational public interest litigation/state authority/teaching materials governance/legal guar-antee
维普
万方数据