取消民族成份作假考生录取资格的合法性质疑

对于民族成份作假骗取高考加分的考生,教育行政部门作出的取消录取资格的处理,在性质上属于行政处罚,应当遵守《行政处罚法》的有关规定。有关行政规范性文件不属于法的渊源,民族成份作假考生的行为不是应当受到行政处罚的违法行为,对考生实施行政处罚缺乏事实根据。行政规范性文件无权设定行政处罚,依据有关行政规范性文件取消考生录取资格,缺乏法律依据。有关部门取消考生录取资格也没有遵循《行政处罚法》规定的程序,不具有合法性。

Query on Legitimacy of Disqualifying Examinees Whose Ethnicity Were Falsified from Admission to Colleges

Educational administrative office disqualified the examinees from admission to colleges because their ethnicity were falsified to get preferential treatment in college admission.Disqualification is one kind of administrative punishments,so authorities should observe administrative punishment law.The examinees only violated the documents of administrative norms,were not administrative laws and regulations,so they should not be punished.The documents of administrative norms were not authorized to create administrative punishment rules,so it is illegal to punish the examinees according to the documents.Furthermore,the related offices did not observe the legal procedures.