The Research Of Occurring Mechanism Of The Educational Legal Disputes Under The Changing Legal Relation Background

Educational disputes are engendered by many factors, both externally and internally. Common problems like weak awareness regarding educational laws of subjects and illegal behavior when dealing with educational relationship exist both within and outside schools. In this thesis, the documentary method and case study method are mainly used to study the occurring mechanism of the educational disputes under the changing legal relation background. The content of education is the rights and obligations of education, different educational subjects have different educational rights and obligations to other educational subjects. In this thesis, we have made a specific division to analyze existing educational rights and obligations relationship between educational subjects, which is also the premise of educational laws disputes. Without the introduction of education-related laws, rights and obligations of the educational subject is not clearly defined, citizens with no right-protection awareness will not get involved in disputes regarding educational laws, we studied the protection system of education in the fourth chapter of this thesis. In the last chapter, I refined educational legal disputes into educational civil legal disputes, administrative law disputes and educational criminal legal disputes, respectively to analyze the existing legal relationship when various types of legal disputes arise and regarding educational protection system.The discussion regarding the controlling strategy of educational lawsuit disputes is based on the research about the mechanism of it, which is mainly about fundamentally reduce the occurrence probability of this problem and mitigate the damage of it in the process of solving it.This study is aimed to find the underlying causes of educational disputes through the analysis of right and obligation relationship existing among different educational legaldisputes.The social transformation and restructure has led to a change of the educ ational subject in China, such as the arising of private schools and the new educationa l relationship. The educational relationship featured being based on planning and admi nistrative order under the background of planned economy and serious politicized and administration issue. In contrast, in the context of the market-oriented economy, the e ducational relationship is focused on interest differentiation and marketization.With the constant improving of the law, people’s awareness of rights have been strengthened increasingly, disputes have also been increasing and our society allows people to maintain and fight for their own interests. Most previous studies are about disputes resolution mechanisms, but this study focuses on analyzing the root causes of disputes to find the root cause of educational disputes. With the changes of rights and obligations, there will be different educational disputes. A certain kind of dispute will occur frequently at a certain stage while this kind of dispute will rarely happen at another period. Finding out such regular pattern and analyzing the occurring mechanisms of educational disputes will help to reduce or prevent the occurrence of disputes and promote social harmony.