| The legal position of a higher institute is defined as the principal qualification the rights and commitments which belong to a higher instate in the legal relations of education The study of the legal portion of a higher institute ought to comprise as follows: l.what kinds of relations exist between higher institutes and souety? 2.ahat kind of principal qualification does a institute possess ashen it is as a subject in the legal relations of education? 3.ahat rights does a college enjoy and what commitments does it carry out? Taking the state-run higher institutes for ensample, this thesis exploits around the above three aspects.The educational relations adjusted kg the educational law mainly refer to the relation between school and government, the relation between school and society, the relation between school and teachers and the relation between school and students According to their different characteristics, there relations can be classified into two kinds: the administrative relationship in education and the civil takes part in social activities it possesses two sorts of principal qualification, I.e. the subject in administrative legal relations and the subject in civil legal relations Therefore the legal portion of a college includes the position in administrative legal relations.The subject in administrative legal relations refers to the administrative subject and the opposite representative of the administration. In different legal relations the college manifests different principal qualification. In the legal relations between colleges and government, the government acts as the administrative subject and the colleges as the opposite representatives of the administration. In the legal relations between the college and teachers and students, the college acts as the administrative subject and teachers and students as the opposite representatives of the administration. It must be emphasized that the college as an administrative subject is different from the common administrative subject (e.g. government organizations) On one hand, their authorization basis and function limits are different: on the otherhand, the college does not act as an administrative subject all the time. It is an administrative subject when it exercises the functions granted by the law and the statute. But under other circumstances it is the opposite representative of administration.In the civil legal relations the college takes its place in the capacity of a corporation. A public college is funded under the administrative order and possesses the qualification of a corporation from the founded day on Only by the law registration can a private college possess the lawful qualification The common corporations besides its own peculiarities. What the college embarles upon is the cause of public welfare with "Training talent, developing science Se technology and serving society "instead of seeking profit as its good This is the particular feature of the college corporation in comparison with others.The rights of a college refer to: 1) the rights the college enjoys as a corporation in the civil legal relations, namely the civil rights; 2) the rights the college enjoys as a social organization in the administrative legal relations, namely the inherent rights; and 3) the rights granted by the educational law, namely the independent rights in running a school, The corresponding commitments refer to: 1) the commitments it should assume as a corporation; 2) the commitments as a social organization; and 3) the commitments as the subject in the legal relations of education.Since the legal position of a college fids the ultimate expression in the concrete legal relationship, the final part of the thesis analyzes the relation between the college and teachers and the relation between the college and students. The emphasis of the analysis lies in the relation between the college and students. The relation between the college and teachers mainly finds expression in the independent relationship of leadership and supervision.
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