Research On State-Subsidized Student Loan Action From The Two-Stage Theory

With the expansion of higher education,the government have faced severe challenges in educational resources allocation and investment.To protect poverty stricken students' right to education,the government take activity of the social organizations in public service.State-Subsidized Student Loan was put forth.But,this action concludes three subjects such as government,banks and students.And legal nature is complex,law norm and relief approach are unclear.To solve these problems,the two-stage theory provides a new perspective.Through the literature research,I have expounded and proved that the two-stage theory apply to State-Subsidized Student Loan action.It can improve the legal effect.The paper consists of four parts,the text has totally 15,000 words.Part one raises the question that legal relationship and method of regulating are complex.So the core of this paper is analyzing the legal nature,law norm and judicial relief approach of State-Subsidized Student Loan action.Part two considers State-Subsidized Student Loan is an Administrative private action.The government can select the way witch regulated through private law.In this case,the action must follow the two-stage theory because it absorbs advantages of both public low and private low.Finally,the legal effect will be improved.Part three analyses different nature of two stages of State-Subsidized Student Loan action.At the first stage,the government make a decision which student can receive financial assistance.It is a public action.At the second stage,the government choice eligible banks through government procurement.Then,banks will assist the government to complete assistant administration,and banks will sign a loan contract with the student.It is a private action.Part four argues that the decision stage should apply to administrative relief approach,the performance stage should apply to civil relief approach.But,at the performance stage,if banks infringe students'rights,the government can claim banks to meet their obligations because they have already sign the government procurement.The superiority of the two-stage theory is obvious.I suggest that the two-stage theory could apply to State-Subsidized Student Loan action.It provides a new perspective on analyzing administrative action.Through public-private partnership,the government will preferably complete administrative task.It's conducive not only to restrict public power but also to protect people's rights.