国家教育考试评分救济手段之纠偏——基于62份裁判文书的分析" />
国家教育考试评分救济手段之纠偏——基于62份裁判文书的分析" />
The correction of relief means of national education examination scoring: based on the analysis of 62 judicial documents" />
Abstract:In the national education examination, the purpose of the examinees to apply for exam information disclosure is not to satisfy the right of claim for information disclosure, but based on the objection to the exam scoring behavior, to change the exam scoring results by reviewing the examination papers so as to maintain their right to education. However, the analysis of 62 judicial documents shows that the existing relief approaches based on information disclosure cannot be sufficient to fulfill this demand, and Article 14 from Regulation of the PRC on the Disclosure of Government Information, which was revised in 2019, further enhances the legality of nondisclosure. Hence,based on the definition of the right of reading dossiers and the compare between it with the right of claim for information disclosure, the paper further analyzes the advantages of the right of reading dossiers in the examination scoring remedy system. Finally, the paper redesigns the approach of examination scoring remedy based on the right of reading dossiers, which is to better protect the examinee′s right to education through the determination of the actionability of the examination scoring behavior and the determination of the intensity and standard of judicial review.