Contract Of Private School Education, A Number Of Legal Research

In contrast to public education in which lots of administrative intervention and control exist, private education is regarded as legal transaction of which the civil character of the contracts is obvious and typical. In This Article, the writer takes contract of education of private schools as the object of study and preliminary researches conclusion process of contracts of education of private schools, special protection of the rights of the party who is to be educated in private schools, relationship between school rules and contracts of education of private schools, and legislation timing of contracts of education of private schools, etc.In This Article, the writer observes the essential elements of conducts such as issuing a general regulation of enrollment, entering for educated or examination, and giving a notice of admission, and analyses the conclusion process of contracts of education of private schools in the eye of Contract Law of the People's Republic of China. As a result, the writer demonstrate the opinion that issuing a general regulation of enrollment is an invitation to offer, entering for educated or examination is an offer, and giving a notice of admission is an acceptance. Otherwise, the write analyses the capacity of minor student for conclusion of contracts of education of private schools, and explains the viewpoint that such contracts are effective ab initio without retroactive recognization of legal representative when the student is a person with limited capacity for civil conduct.The issue concerning the special protection of the rights of the party who is to be educated in private schools is preliminary researched in This Article. The writer analyses advantages and disadvantages of present security system of students rights, and makes legislative proposals of perfecting private school risk deposit system and introducing'cooling off'of contracts of education of private schools.The issue concerning the relationship between school rules and contracts of education of private schools is preliminary researched in This Article. The writer defines that the relationship between the students and private schools is an educational service relationship in accordance with the fair contracts of education. The management power of schools to their students is based on the inside administrative relationship of the organizations. Legal retain principle shall apply to the formulation of school rules. The legitimate participation rights of students and their parents for formulation and amendment of school rules shall be protected in the process.Private education has attribute and function of providing marketization education service. In summary, Law of the People's Republic of China on the Protection of Consumers' Rights and Interests applies to contracts of education of private schools.Due to lack of deep research of contracts of education by national academia and nondeterminacy of legal relationship between educate and schools, the writer believes that it is premature for the legislation of contracts of education of private schools.