The Legal Relationship Between The Free Education For Students, Government, Universities, Research,

As The Policy on Free-higher-normal-education published by the Ministry of Education, Ministry of Finance, Ministry of Personnel and Office of Central Institutional Organizational Commission, was forwarded by the State Council on May 9th 2007, the program of free education for normal students started. The first branch of students will walk out into society in 2011, and the policy of free education for normal students will receive practical assessment. With the issue of this policy, academic discussion over it opened up, mainly among policy interpretation, regulation reflection, perfection of exit mechanism, and few touched upon legislative relationship among the three main sides in this policy. To study the students of free-normal-education, the government and admitting universities from a legislative aspect is the foundation of the policy.This research will analyze The Agreement of Free Education for Normal Students and related regulations with a wide use of literature review and comparison to conduct a study in the following three aspects:first of all, The Agreement of Free Education for Normal Students is the base to establish legislative relationship among the students of free-normal-education, government, and universities. It includes both the civil legal and administrative legal relationship. Based on Contract Law, the paper will expound administrative as well as commissioned nature of the contract, and clearly point out that The Agreement of Free Education for Normal Students is included administrative contract. Second, the paper explores the legal position of free-normal-educational students. As the group is the core of this policy, clearly define their legal position is the key to study the three-side relation. On the basis of Constitution, The Act of Education, The Act of Higher Education, The Act of Teachers, The Act of Civil Agents, The Act of Contracts, The Administrative Regulations for Universities, The Policy on Free-higher-normal-education, The Agreement of Free Education for Normal Students, The Proposal for Working Regulations of Normal Graduates, the paper primarily defines the nature of free-normal-educational students that in spite of the rights which citizens as well as ordinary university students have, they also enjoy the rights of tuition waiver, major choice and work and at the same time they should carry out their obligations to receive the related training and finish learning task. Next,I will analyze the graduates of free-normal-education and indicate their peculiar rights as job choice, establishment obtain, on-the-job advanced study pursuing and welfare security, and their obligations like becoming qualified teachers as well as educators, long-term participate and support the rural-area education, and I explicitly point out the group is part of civil servants as long as they become teachers. Third, this paper analyses legal relationship among the students of free-normal-education, government and universities. In this part.1 will analyze the right to education which free-normal-educational students enjoy and national education rights which the government has according to The Agreement of Free Education for Normal Students, The Act of Education, and The Act of Higher Education. On the grounds of employment contracts, The Act of Teachers, The Act of Civil Agents, The Proposal for the Employment of Normal Students, The Proposal for Normal Students'Advanced Education I point out the commissioned, allocated and employed relationship between government and free-normal-educational students. After that, I analyze the civil affairs lied in university and these normal students, and point out administrative legal relationship of the two sides in the process of recruitment, students'enrollment status, punishment, reward, certification issue and degree award on the grounds of The Act of Education, The Act of Higher Education, The Students Administrative Regulations for Universities, The Policy on Free-higher-normal-education, The Proposal of Eliminating Tuition Fee for Normal Students. Finally, I analyze two kinds of relationships:between national government and universities, between education administration at provincial level and universities. The former is educational administrative relationship formed principally by right obey, while the latter possesses commissioned relationship of administrative character based on The Agreement of Free Education for Normal Students.