从学前教育到高等教育,各个层次的民办学校是我国社会主义市场经济发展过程中的新生事物。民办学校侵犯受教育者合法权益时,教育行政主管部门是否有督促管理的法定职责?受教育者是以学校还是以教育行政主管部门为被告提起行政诉讼? From pre-school education to higher education, private schools at all levels are new-found things in the process of the development of the socialist market economy in our country. When private schools violate the lawful rights and interests of educated people, does the educational administrative department have the statutory duty to supervise the administration? Whether the educated persons take the administrative litigation in school or in the administrative department of education as the defendant?