Research On School-Enterprise Cooperation Agreement In Higher Vocational Education

With the upgrading of industry and the acceleration of the transformation of the economic structure in China,the labor market's demand for technical skills is becoming more and more urgent.Compared with the goal of building a modern economic system and a strong nation in education,there are still many outstanding problems in vocational education of China.In order to create an innovative service platform for the cultivation of technical,skilled personnel and technical skills,the state has issued a series of vocational education reform programs.It is clearly required to strongly promote the integration of production and education,school-enterprise cooperation,and form a community of school-enterprise community.A new type of contract between school and enterprise,the school-enterprise cooperation agreement,has also emerged.For the new thing of the school-enterprise cooperation agreement,we must first define its connotation and extension.This article analyzes it from two aspects,namely,to be and ought to be,and creatively analyzes the agreement from the subject,content and form.The concept of school-enterprise cooperation agreement was standardized.On this basis,the characteristics of school-enterprise cooperation agreement are subject-specific,equal and voluntary,other-related,essential,and public welfare.By contrasting several types of legal relationships in the school-enterprise cooperation model,the legal nature of the agreement is defined as a special civil contract from three aspects:the specificity of the subject of the school-enterprise cooperation agreement,the purpose of public welfare,and the diversity of applicable laws.Then,based on the school-enterprise cooperation agreement as the starting point of logic research,we can find out whether the vocational school has the right to sign the school-enterprise cooperation agreement from the vocational education legislation and the vocational school charter of our country.And we provide lessons for the rule of law in contracting rights from the following three aspects:from the legal aspect,we improve the school-enterprise cooperation governance system at legal level,strengthen the supervision through the demonstration-record system at the government level,and promote the school-enterprise cooperation management system to provide a reference for the legalization of the contracting power at school level.Finally,the two aspects of the agreement's substance and procedure are constructed,which are combined the perspective of the systematization of the school-enterprise cooperation agreement and vocational education legislative norms and judicial practice cases.The substantive norms mainly consist of the basic terms of the school-enterprise cooperation agreement,and the relationship between the internal regulations of the vocational school and the external cooperation agreement.The basic terms make the main rights and obligations of both parties of school-enterprise cooperation in practice abstract.The procedural norms mainly include the procedures for signing the agreement,the dispute resolution mechanism,and the procedures for changing and terminating the agreement.Studying the school-enterprise cooperation agreement at the micro-level in the school-enterprise cooperation based on the perspective of civil law can provide theoretical thinking and practical reflections for higher vocational schools to carry out school-enterprise cooperation,and build a more solid foundation of the rule of law in school-enterprise cooperation.