Research On The Status Of Legal Subjects In Schools

The legal status of the school is a basic theoretical problem of educational law,and it is of great significance to clarify the legal status of the school,to standardize the government behavior,to maintain the school autonomy,to clarify the legal relief channels and to achieve the goal of teaching according to law.This article tries to elaborate the subject position of the school through the four parts.The first part discusses the Problems of School Legal Status in China.Although the educational law of our country establishes the legal person status of the school,but in terms of its realistic attribute,the current school belongs only to the legal person in the field of civil law,only has the civil subject identity,can not reflect its actual legal status.The school as a laws and regulations Authorized organizations also bring a lot of practical problems.The second part is the Study on the Model of Legal Status of Foreign Schools.By combing the theory of foreign administrative subject,it clarifies that the public legal person obtains the status of administrative subject based on the principle of official decentralization.The significance of determining the legal status of the public legal person is to confirm the autonomy of the school,the independent status and the realization of the autonomy under the decentralization of administrative autonomy.The third part is the reflection of the legal status of the school administrative body in our countryThe concept of administrative subject is to determine the defendant in the administrative litigation case,but because of the lack of supporting system,especially with the legal system of separation,leading to our "administrative subject" theory and practice of embarrassment,and therefore lead to The legal status of the law is not clear.The orientation of the legal person in the school is very similar to that of the public legal person system.The orientation of the independent legal person in the school helps to solve the institutional relationship between the school and the government system and realize the educational system reform of the school autonomy aims.The fourth part is The Purpose and Governance Function of "Public Legal Person" System Construction in Chinese SchoolsSchool is on behalf of the country to achieve the management of their right to education,so the school in the field of education with public management attributes.Positioning the school as an official legal person,helping to clarify the relationship between the government and the school.So that the school to achieve the name,right,responsibility of the unity,the establishment of modern school system.