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Research On Legal Issues Of Realization Of Student's Civil Rights

Posted on:2005-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:P H SuFull Text:PDF
GTID:2156360122499266Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
This paper discusses 6 aspects such as the legal definition of students' civil rights, the cause of disregard of students' civil rights, the justifiability of students' civil principal status and protection of rights, the infringement of noncompliance of schools upon students' civil rights, the infringement of schools upon students' civil rights and the legal remedies of students' civil rights, etc., and illustrates some issues such as the source of civil rights, the cause, types and results of damage of civil rights of students, as a special principal of civil rights, as well as in which aspects the legal rights of students as a civil principal should be protected, etc..There are four parts about "the legal definition of students' civil rights". The first is to determine the legal nature of "students", that is, the natural persons who receive the primary, middle and higher education with the national approved statuses as students in our country. The second is to analyze students and the patriarch in the civil legal relations. Students are the most active and wide principals of educational and teaching activities, enjoying the specific rights and fulfilling specific obligations. The nation, the government and the educational administrative department must make the educated receive the specified education. In the meanwhile, the patriarch undertakes important legal responsibility in the educational activities and must cooperate with schools and teachers to educate students unconditionally. The third is the source of students' civil rights. The students' civil rights result from the Constitution, Civil Law, Law of Education, Law on Compulsory Education, High Education Law, Teacher's Law and Law of Protection of Minors as well as related regulations. The comparison and analysis of basic rights, human rights and civil rights are made.There are five parts about "the cause of disregard of students' civil rights". The first is that the principals of civil rights in the non-general relations of students have their own characteristics, that is, the diversity of principals, the identity of rights and obligations and the multiplicity of legal relations. The second is that students are placed in the controlled status, whose reasons mainly include that students are in the weak status inferior to schools and teachers, and that the main task of education determines the controlled status of students in educational activities as well as that the intelligence, knowledge and social experience of teachers overpass those of students. The third is the non-profit making in the management activities that dispels civil remedies. The activities of schools and teachers managing students are the necessary behavior and generally the non-profit making one, without the basis of civil remedies. When students' rights are damaged, the civil remedies are always abandoned due to the justifiability of the management activities of schools. The fourth is the non-independent group of students in the traditional educational concept, in which schools and teachers have the natural privilege of acting as agents of students, which dispels students' rights. Students, especially the minor students, are non-independent. In the one hand, the principal status of educational activities constitutes one of the principals of educational legal relations; on the other hand they are the persons without the ability of civil behavior or the persons with the limited ability of civil behavior. The final is that students' rights are regarded in the educational management. Students' rights should be independent, respected and protected, but students lack the respect necessary to teachers and equal treatment, which leads to the blending of students' rights and even the loss of their legal rights. There are four parts about "the justifiability of civil principal status of students and protection of rights". The first is that educational activities have the feature of blending civil and administrative affairs as well as social benefits. In...
Keywords/Search Tags:Realization
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