Educational Jurisprudence: Essay on the Rights and Obligations of the Subjects of Educational Legal

<> core of the legal relationship in education refers to the legal relationship between the parties involved in educational activities, including the relationship of rights and obligations between educational institutions, educators, students and their parents. The core of the legal relationship in education can be elaborated from the following aspects:

Legal relationship between educational institutions and students and their parents: As the main body providing educational services, educational institutions need to establish a series of legal relationships with students and their parents, including legal relationships in terms of enrollment knowledge, teaching management, student status management, reward and punishment management, etc.

Legal relationship between educational institutions and educators: Educational institutions need to establish a series of legal relationships with educators, including legal relationships in terms of employment, remuneration, working hours, and work content.

Legal relationship between educational institutions and **: As an industry regulated by the state, educational institutions need to establish a series of legal relationships with **, including the implementation of education policies, the supervision of education quality, and the allocation of education funds.

The legal relationship between students and their parents and educators: The legal relationship between students, their parents and educators mainly involves the legal relationship between educational rights, education quality, and educational fees in the education process.

To sum up, the core of the legal relationship of education is based on a series of legal relations between educational institutions, educators, students and their parents, aiming to protect the rights and obligations of all parties, maintain the order and quality of education, and promote the healthy development of education.

1. Rights and obligations are unified.

2. The rights and duties of citizens are interdependent and inseparable. Where there are rights, there are obligations, and where there are obligations, there are rights; Every citizen is both a holder of rights and a bearer of obligations. You cannot have rights without fulfilling your obligations, nor can you just perform your obligations without enjoying your rights.

3. The rights and obligations of citizens are complementary and mutually reinforcing. The realization of rights requires the fulfillment of obligations, the fulfillment of obligations to ensure the realization of rights, the correct exercise of rights by citizens, the loyal fulfillment of obligations and contributions, so that the country can be more prosperous and stronger, and love can provide better conditions to protect citizens' rights.

4. The rights and obligations of citizens are mutually reinforcing.

The participants in the legal relationship of education, that is, those who enjoy the rights and assume the obligations in the legal relationship of education, are one of the constituent elements of the legal relationship of education and education. As the subject of the legal relationship of education, it must have the capacity for rights and conduct in the education law. The right capacity in education law refers to the qualification or ability of the subject of the education law to enjoy the rights in the education law and perform the obligations under the education law in accordance with the law.

Capacity for conduct in education law refers to the ability of the subject of education legal relations to exercise rights and undertake obligations under education law in accordance with the law through their own behavior. The legal basis is that Article 6 of the "Compulsory Education Law" and local people at or above the county level shall rationally allocate educational resources, promote the balanced development of compulsory education, improve the conditions for running and teaching weak schools, and take measures to ensure the implementation of compulsory education in rural areas and ethnic minority areas, and ensure that school-age children and adolescents with financial difficulties and disabilities from families receive compulsory education. The state organizes and encourages economically developed areas to support the implementation of compulsory education in economically underdeveloped areas.

Correct] [Analysis] The content of the relationship between the law of education and the relationship between the law and the bad refers to the rights and obligations enjoyed by the subjects of the legal relationship of education in education established in accordance with the law. Rights and obligations are the core of the legal relationship of education of the poor people, and without rights and obligations as the content, there is no legal relationship of education.

As the subject of the legal relationship of education, the tangerine must have the ability and capacity to act in the legal framework of education, and the rights and abilities of the legal relationship in education are the qualifications or ability of the subject of the legal relationship of education to enjoy the rights and perform the obligations under the law of education.

Types of Educational Legal Liability:

1.Administrative legal liability: Administrative legal liability refers to the legal responsibility that the actor should bear for the implementation of administrative violations, referred to as administrative liability;

2.Civil Legal Liability: Civil legal liability refers to the legal liability for compensation or compensation caused by the commission of a civil offense by a person. referred to as civil liability;

3.Criminal Legal LiabilityCriminal legal liability refers to the legal responsibility for criminal punishment caused by the commission of criminal violations, referred to as criminal liability. Criminal liability is one of the most severe forms of legal responsibility;

Generally speaking, the circumstances in which criminal liability is required in the context of educational activities include:

1.Embezzling, withholding, or misappropriating education funds or compulsory education funds.

2.Disrupting the order of school teaching, where the circumstances are serious.

3.Encroachment or destruction of school buildings, grounds, and equipment, where the circumstances are serious.

4.Insulting or assaulting teachers or students, where the circumstances are serious.

5.Corporal punishment of students is serious.

6.Dereliction of duty caused the collapse of the school building, causing serious accidents among teachers and students. Favoritism and malpractice in admissions. 4.Liability for unconstitutionality.

Legal basis

Education Law of the People's Republic of China

Article 71: Where relevant state provisions are violated by not allocating education funds in accordance with the budget, the people's ** at the same level shall approve and allocate them within a set period of time; and where the circumstances are serious, the person in charge and other directly responsible personnel who are responsible for the direct field socks are to be given sanctions in accordance with law.

Where the state financial system or financial system is violated by misappropriating or deducting education funds, the higher-level organ shall order the return of the misappropriated or deducted funds within a time limit, and the directly responsible managers and other directly responsible personnel shall be punished in accordance with the Songqiao Law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 72:Where gangs fight, pick quarrels and provoke trouble, disrupt the order of education and teaching in schools or other educational establishments, or destroy school buildings, venues, or other property, the public security organs are to give public security administrative sanctions; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Those who encroach on the school buildings, grounds, or other property of schools and other educational establishments shall bear civil liability in accordance with law.