On The Administrative Legal Relationship Between The Government And The Public Primary And Secondary Schools In China

It is indispensable to regulate the administrative relation between government and public middle and primary schools in terms of administrative law. The administrative and legal relation between government and public middle and primary schools is the result of regulation of their administrative one by means of administrative law. At present, the social relation between government and schools is gradually evolving to the relation among investor, administrator and school organizer, government administration system is continually transferring itself to new one ,and the identity of administrative body and private party in administrative process is being redefined. Under these circumstances, we are required to explore and review the administrative and legal relation between government and public middle and primary schools.In the second part of this article, I review the historical evolution of the administrative relation between government and public middle and primary schools after liberation, and point out its characteristic. Part three mainly explores the government's identity as administrative body in the background under which government acts both as investor and administrator, and that public school is public legal person when it acts as school organizer. Part four deals with reforms of public administration in'western countries and governance systems in our country, discusses applications of network technology in government administration. In this part, I mainly explore the rights and obligations of government and public schools.On the basis of above analysis, the author suggests that the relation of the rights and obligation between the government and the public middle and primary school should be identified from the legal perspective. The rights of the public middle and primary school should be emphasized, and the status of the public middle and primary school as the private party in administrative process should be promoted.