Study On The Legal Relationship Of Graduate Education Management In Medical Colleges

With the development of China's legal system,enhancement of citizens' legal consciousness,deepening of reform of the management system of higher education, and expansion of graduate education,more and more legal phenomenon are emerging, which can't been clearly explained.The fundamental reason of this situation is the management of China's education and legal system.However,there are few researches focusing on the legal significance and legal basis of related issues of education management.So the right and obligation evolved in education process are the most direct and essential objective basis of legal construction of education management.In this thesis,we study on the graduate education management in medical colleges. We analyze the legal significance,legal basis,and status of legal construction of related problems in the process of education management on the basis of discussing legal relationship between parties related in management behavior.Firstly,we draw a conclusion that the main legal problem is administrative legal relation by analyzing the law problems existing in graduate education management in medical colleges and researching related researches.Secondly,we analyze the existing practical problems of the management of graduate education in medicine,and emphatically analyze the legal status and legal relations of university from different levels and its legal significance.We further define the main legal problem is administrative legal relation by differentiate the attribute of administrative legal relation and civil legal relation.Thirdly,standing on the current legislation and judicial practice,we synthetically discuss the legal construction in the framework of the administrative legal relation through analyzing the existing administrative legal problems of the management of graduate education in medicine.According the preceding researches,this thesis concluded that the main legal relation involved in the management of graduate education in medicine.Based on the analysis of legal relations of high education management in the framework of administrative legal relation,we divide the legal construction of high education management into four kinds,which are perfect,not perfect enough,not yet constructed, and not clear enough.Correspondingly,we put forward enhancing execution, enhancing improvement,enhancing construction,and enhancing research.This thesis attempts to discuss the legal relations of problems existing in the management of graduate education in medicine.We hope to promote the long-term scientific development of graduate education in medicine under the principle of legal management by offering reference of legislation,and improvement of legal management system for the management.