Research On The Legal Issues Of Civil Contracts In Higher Education

In recent years,with the amendments of Education Law and Higher Education Law,meanwhile with the implementation of The 41 st Order of Education Department,the relationship between college and students has become a general concern of society.A correct understanding of the relationship between college and students in education,management and protection of higher education contracts is of great practical significance for clarifying the rights and obligations between college and students,and protecting the legitimate rights and interests of universities and students.At present,there is a controversy over the legal nature of the relationship between university and students in higher education contract.The current contract law of our country does not have the type stipulation to the higher education contract,the judicial practice has the contradiction and the conflict.This is not conducive to the protection of the legitimate rights of both parties.This paper holds that the higher education contract between the university and the students is the civil contract relationship.This paper expounds the concept,nature and characteristics of the civil contract of higher education,analyzes on the problems in the conclusion,performance and responsibility of the civil contract of higher education,and puts forward some reasonable suggestions.The paper is divided into four chapters.Firstly,the author analyzes the nature of legal relationship between university and students,combining the different viewpoints of the legal nature at home and abroad,this paper determines the relationship between the university and the students as civil law,and then analyzes the education contract between the university and the students as civil contract,and defines the nature,concept and characteristics of the civil contract of higher education.Secondly,the author studies the problems existing in the process of the conclusion of civil contract in higher education from four aspects,such as issuing enrollment prospectus,students filling in college entrance examination volunteer,University issuing admission notice and enrollment registration.Based on the theory of contract law in China,this paper explores the elements of the establishment and entry into force of civil contracts for higher education,thus seeking solutions to the problems existing in the process of establishing civil contracts.Thirdly,from the three angles of education relationship,management relationship and protection relationship between college and students in the process of contract fulfillment,this paper analyzes the problems existing in the process of fulfilling the civil contract of higher education,and puts forward some reasonable suggestions for solving the problems.Finally,in view of the problems existing in the legal liability of the civil contract of higher education,combined with the analysis of the process of contract making and fulfillment,the paper made clear how the legal liability of higher education civil contract should be borne,and protect the lawful rights and interests of universities and students within the scope of law.