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Research On The Nature And Responsibility Of The Tutoring Service Contract

Posted on:2014-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:H X ZhaoFull Text:PDF
GTID:2266330428960726Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The tutoring market is growing prosperity. It makes the practice of family education dispute, but there is no corresponding legal provisions of regulation in our country, the disconnection between theory and practice of the situation. This article from the perspective of contract law, the tutoring services for research, mostly from the perspectives of pedagogy in China to theoretical research, tutoring services scholars Chou Langhorne referred to in the study of service contract. In this paper, the tutor service contract is a kind of nameless contract, there is no clear provision in contract law in our country on tutor service contract understand from literal meaning. It is a tutoring service contract and his characteristic is the knowledge and skills, this article except introduction and epilogue is divided into three parts.First the author researches on the tutor service contract for tutoring service contract overview, compared with other education contract through defining the tutoring services contract terms and then analyzes its connotation and denotation and then analyses the characteristics of tutoring service contract, focusing on tutoring service main body is analyzed, according to different standards. The body can have different classification, mostly on the real life at the same time to tutor services and individual tutoring division of qualification are discussed. Then it is the nature of the tutoring services contract, the author first through tutoring service contract with the agency appointment contract, the contract and employment contract to clarify the general properties of tutoring service contract through tutoring service contract is contract with education and education training analysis shows its special qualities Finally is the responsibility of the tutoring services contract, due to its particularity, tutor service contract is divided into two stages:stages of teaching demonstration and teaching service, based on the particularity, its responsibility divided into stages of simulating teaching responsibility and teaching service responsibility, the author first defined the rehearsal stage and analyses its constitutive requirements and scope of compensation and then against teaching stage of service responsibility respectively by different parties.This article mainly uses the research method:First, the tutoring services in real life and their tutor experience, conducts the investigation and study on family education was summarized the classification and the analysis of the nature of the service contract, reasoning discussed in description. Second, comparative analysis. The tutor when defining the general nature of the service contract. It compares with the agency appointment contract, institutional tutoring service contract with the comparison of education contract, education training, individual tutoring service contract and employment contract done. Third, research on the inter disciplinarily research focal point of city from the Angle of contract law to study tutoring service, but the tutoring will involve the content of sociology pedagogy therefore, combination of law and sociology, pedagogy is of this article must be followed in perspective.This article mainly innovation points as follows:Firstly, the research Angle of the innovation. Tutoring services on the theoretical research in China focusing on in terms of pedagogy, few scholars to study from the law Angle and in this paper from the Angle of contract law, analyzing the tutoring services in order to practice tutoring service disputes arising from the regulation. Secondly, the research content of innovation. This paper defines the connotation of the tutoring services contract, to the nature has carried on the comparative analysis, according to the particularity of tutoring service responsibility, the responsibility is divided into rehearsal phase of responsibility and teaching service responsibility and analyzed respectively.In this paper, through the analysis of the tutoring services contract research, concluded that the connotation of tutoring service contract, simulating teaching stage of responsibility and teaching service defects liability, in order to make in the practice of tutoring service disputes resolved, tutoring for market regulation.
Keywords/Search Tags:tutoring service contract, commission contract, contract of hired work, education contract, service defects
PDF Full Text Request
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