司法能否将教育权纠纷案件纳入审查范围,日益引起理论和实务界的广泛关注。教育行政管理法律关系作为特殊的行政关系,应当纳入行政诉讼范围,接受司法管辖。在教育行政内部救济制度缺乏或不足前提下,司法权介入更是多了现实实践的需要,而非仅仅停留在法理的理论推导基础之上。司法权的介入,亦需要平衡与学术自由的关系,不至于灼伤学术自由花朵。 Whether the judiciary can bring the cases of disputes over education rights into the scope of the review has aroused widespread concern in both theory and practice circles. As a special administrative relationship, the legal relationship of education administration should be included in the scope of administrative litigation and be subject to judicial jurisdiction. Under the premise of lacking or not enough internal relief system of educational administration, the intervention of judicial power more than the need of practical practice, rather than just the theoretical deduction of legal theory. The intervention of judicial power also needs to balance the relationship with academic freedom so as not to burn academic freedom flowers.