Identification And Legal Regulation Of "False Promise" In Education And Training Contract

This article takes the case of “a dispute over an education and training contract between Lu and a company in Beijing” as a representative case,and analyzes and discusses how to identify and regulate the “false promises” that frequently appear in education and training contracts around the focus of disputes in the case.First of all,taking the case as the starting point,it summarizes the two major disputes in the case,namely whether the education and training contract involved in the case is invalid and whether the institution’s behavior constitutes fraud.In the case analysis part,the jurisprudence analysis is carried out around the focus of the case dispute.By demonstrating that the contract involved in the case does not violate mandatory provisions on effectiveness,public order and good customs,it is concluded that the contract involved in the case is not invalid,and through the analysis of the constituent elements of fraud,it is concluded that the behavior of the education and training institution in this case constitutes fraud.Finally,in the part of thinking and suggestions,through the investigation of similar cases,it is found that there are problems of different judgments in similar cases and insufficient reasoning in the judicial determination of education and training contract disputes at the present stage.And through the comparison of similar cases,aiming at the lack of adjudicative rules,a perfect conception of the rules for identifying false promises is put forward,that is,when judging what kind of behavior the false promise of the education and training institution constitutes,it should take the education and training institution itself as the reference point,start from its own intention and behavior,and make a preliminary identification of its behavior;the subjective purpose and mentality of the students will have a certain impact on the judicial determination,but it should be used as auxiliary conditions,which can be compared to the reasons for preventing the violation of the law in criminal law.