Contractual Relationship Between The College And Students

As an old saying goes, a teacher is one who transmit moral teaching, impart knowledge, and resolve doubts. The College, according to "College Students Part-Study Program" promulgated by Ministry of Education, Ministry of Finance in 2007, refers to"full-time ordinary undergraduate course college, the higher vocational school and the college level specialty school ruled by the national laws". The college is the generic name of universities, specialized colleges and college level specialty schools. As a main part of national education, the college has taken a pivotal role in our life. Since the funding of China, the education has achieved a great development. The educational idea has significantly changed and the educational theory has gradually completed. The relationship between the college and students is always a good point which draws the attention from educators.In the late 90's in last century, higher education institutions have adopted the one-unified enrollment system. These institutions receive tuition and other fees and thus in return offer relevant services for their students. Since then, education has formally stepped into the market as a product which is protected by relating laws in China. The students and schools are connected by contracts and their relationships are no longer to obey and to be obeyed or to be managed and to manage. That is to say, the management activities can not be a simple "executive" style any more. Instead, the managers should act as civil subjects and start the equally legal relationships with their students. This relationship change also requires us to review the students'management rules and regulations. Schools, authorized by government, have the right to make school rules and regulations, to manage their students and to punish. But all the rules, regulations, management and punishment should not only conform to laws, legislation and relevant regulations but also protect the students'legal rights.As the push of legal management of schools, students gradually increased their awareness of law and legal protection. The present educational system also made them pay more attention to their rights which they deserve as special consumers. The new contract relationship requires schools to take the students'desires and requirements into consideration while offering higher educational services. Schools should also adjust their guiding ideology, teaching targets, teaching and management organization and any other life services in order to satisfy their students'needs. Therefore, students will enjoy their rights under this accordance relationship to make service requests and consume choices which will ensure the realization of their freedom, qualification and satisfaction. Gradually, the relatively weaker satiation of students will be improved and the rights and obligations between schools and students will also be equally assigned. In the law of unity of opposites, contradiction has its principal and non- principal aspect. As in the relationship between schools and students, students should be regard as the principal aspect. The same goes with the relationship between the rights and obligations: the principal aspect is the right. All the rights of a school should succumb to its students'rights and all the limitations and restrictions of school rights should also succumb to those of the students'.Under the contract relationship, students share some consumers'characteristics. It is a social contract rather than an individual one. This contract relationship is not formed by face to face negotiation but from scientific organizations and government systems. It represents the overall interests as a whole. Each individual party's interest is realized on the base of the realization of whole interest, i.e. the realization of the schools'and the students'interest should rely on the basis of maintaining the interests of all the relevant parties. The contract is established through minor social input and huge social output and thus save the trade costs. In our society, education is already regarded as a service industry and is put into the legislative level step by step. In international law, the General Agreement on Trade in Services has put education within service trading and many WTO members also admit to open their education market. In domestic, our education has already broken up the traditional"public"style. The push of capital enrollment in education market indicates that education is now titled as commodity. The nature of students'payments of tuition can be viewed as charged"education service". The offer and reception of this charged"education service"thus establishes the contract relationship."People-orientation", the essence and core of scientific outlook on development while embodied in school is"student- orientation". If higher education wants to enter the market it should obey the market regulation which requires"Student- orientation". The best way to success in the fierce competition in higher education market and to attract more education resources is to adopt the idea of"Student- orientation", provide students with higher qualified education and service. Therefore, school can offer the society highly qualified talents and in return, attracts more outstanding replacements in order to meet with their development needs. There are more than 2,000 higher educational institutions in China, the contradictories between the limitation of education resources and the unlimitedness of school developments inevitably initiates fierce competition between different schools. Only those contract style schools can be in accordance with marketing economy and realized the optimize utilization of education resources.This article includes 3 parts:PART 1(Character 1 & Character 2) Introduce the general theory about the relationship between the college and students. Having a look at historical process "from identity to contract", the author who compared different theories gave a legal status to present colleges and explained the validity and necessity of contractual relationship.PART 2(Character 3) The main part of contractual relationship between the college and students. Combined with the practice, the author using the contractual relationship theory analyzed the rights and obligations between the college and students.PART 3(Character 4) Build a specific model of contractual relationship. Through illuminating the relief way to the college's acts of breaking contract and torts, the author ultimately established an idea of students'rights-centered contractual relationship between the college and students.