Contract Of Education Legal Issues

With the deepening and improvement of the system reform of China's market economy and education, education contract is being used increasingly widely in education field. However, education contract is ineffective as no laws or regulations have given the prescription and standard of it, as a result of which, many questions emerging in the application of education contract have not been properly solved. Based on the brief introduction of education contract, this thesis discusses relevant theoretical and practical problems of education contract, and explores how to improve the legislation of education contract, which is helpful for solving practical problems in this field and for the government to implement effective supervision and administration to this field.The thesis mainly adopts theoretical analysis, empirical analysis, document analysis, normative analysis, comparison analysis, and interdisciplinary research methodology, with hope to make some contribution to the building of our legal system and education development.During the demonstration process, the author proposes her own opinions on the basis of the inspiration from other scholars' documents:Firstly, the legal nature of education contract. There are three main academic views: administrative contracts, civil contracts and mixed contracts. The author believes that the nature of education contract should be separately identified according to the specific content involved. If schools and other educational institutions exert administrative functions authorized by the state administrative organs, they possess the legal status of administrative body and thus the education contracts belong to the category of administrative contracts, and other education contracts belong to the category of civil contracts. In other words, the author tends to the nature of mixed contracts. But the author holds the opinion that civil contracts and administrative contracts should be distinguished clearly from each other for a better understanding of the nature education contract.Secondly, the nature of the formation process of education contract. The formation process of education contract is generally divided into several processes: publishing enrollment information, students entering for entrance exams, schools sending admission notices, students registration. There are several academic views: some analyze from the perspective of reservation contract and the contract itself while some views analyze from the perspective of invitation to offer, offer, commitment, performance and so on. The author thinks that the contract formation process takes a variety of forms with the increasingly diversified education forms, and academic education contract represented by undergraduate admission should be separated from non-academic education contract represented by various trainings. The former is essentially "invitation to offer - offer - commitment - performance" and the latter shall be analyzed according to the content and purpose of the contract.Thirdly, the judicial intervention of education contract disputes. Based on the dual legal relationship between schools and students, the author proposes that we should seek civil relief or administrative relief according to the nature of the legal relations involved and puts forward useful suggestions about how to carry out education contracts.Lastly, legislative proposals on education contract. The author adopts the style arrangements of Contract Law and give suggestions on the general principles and the detailed principles of legislation of education contract. The general principles are divided into eight parts and the detailed principles are divided into two parts of "academic education contract" and "non-academic education contract". In addition, the writer also puts forward suggestions on dispute solutions of education contract: for the civil part of education contract, the parties can negotiate, mediate, apply for arbitration, and file a lawsuit; for the administrative part of education contract, students have the right to complain, file an application and bring a suit. They enjoy the privilege of choosing administrative relief first or judicial relief first.