Research On Legal Relationship In The Policy Of National Student Loan

National student loan is the major form of the higher education support systems. Different from the other forms of the support systems, national student loan is the open credit, which applies financial means to relieve the financial burden on some students. Its goal is to alleviate the government's financial pressure, but consequently it produces the loan legal relationship, in which many subjects are involved, such as the governments, the loan banks, the loan students and the universities. According to the principle of balance between rights and obligations, keeping the balance among these subjects when distributing rights and obligations to them is the key factor to promote the policy of national student loan to achieve the sustainable development. But researches indicate that it is a universally existing phenomenon in the legal relationship of national student loan that the right and obligation is not kept balanced among subjects. Lack of enthusiasm of duty fulfillment in part of the subjects, leads to their neglect in the fulfillment or refusal to fulfill their duty voluntarily which becomes the barrier for implementing value of fairness and justice of the national student loan and hinders the policy of the national student loan from getting sustainable development. To perfect the legal relationship of national student loan, it is necessary to clear up the students'dual main body status and the school's legal status in the legal relationship of national student loan, based on the principles of combining fairness with efficiency, honesty with credit. Meanwhile, it is necessary to perfect the way of relief by right, and to full play the government's administrative function, so as to construct the risk share system of the national student loan by making the government the main subject, and to promote the policy of national student loan to achieve the sustainable development.