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乡(镇)政府起诉辍学学生家长的案件常见诸报端,在该类案件中,有的提起民事诉讼,有的提起行政诉讼。通过对现行立法分析,指出乡(镇)政府既没有民事诉讼主体的资格,也不具有行政诉讼主体的地位。但是,其作为行政主体对辍学学生家长可以依法行使批评教育、责令限期改正、罚款和采取其他措施以及申请人民法院强制执行等的权力。
Township (town) government prosecution of students dropped out of school parents often reported in the newspapers, in such cases, some filed civil lawsuits, and some filed administrative litigation. Through the analysis of the current legislation, it is pointed out that the township (town) government has neither the qualification of subject of civil procedure nor the position of subject of administrative procedure. However, as an administrative body, Parents of students who drop out of school can exercise their right to criticize education according to law, order corrections within a time limit, fines and take other measures, and apply to the people’s court for enforcement.