Reference point: (1) The right to education is developing towards the right to study; (2) The development of the right to education is to protect the right to education of vulnerable groups. Specific vulnerable groups include: legal protection of female education; Legal protection of the right to education for children, adolescents and young people with financial difficulties; Legal protection of disabled people's right to education; Legal protection of minors' right to education by illegal and criminal acts: legal protection of children of floating population's right to education.

4. Please talk about the significance of studying the law of education in combination with reality.

Reference point: In recent years, China has formulated a number of educational laws and regulations, which have played an important role in administering education according to law. But the formulation and promulgation of laws is only the beginning of the rule of law, and more importantly, the real realization of laws in educational activities. Learning education law can cultivate individual's legal consciousness, establish correct legal concept and legal value orientation, understand the current education law, improve the discipline of educational law, and promote the process of educational legalization. In order to ensure the normal development of education, we must seriously study the law of education and conduct in-depth research on the theory and practice of the law of education. (Appropriate example)

5. Please talk about how to study the law of education by means of comparative study.

Reference point: Comparative research method compares the educational laws in different periods or regions, and reveals the essence of educational laws by combining other methods, so as to understand the development law and trend of learning methods of educational laws.

Comparative research methods include horizontal comparison and vertical comparison. Horizontal comparison is to compare the coexistence of educational laws and educational legal phenomena according to certain standards; Vertical comparison is to compare the characteristics of the same educational law or educational legal phenomenon in different development periods. Using comparative research methods, we should pay attention to the comparability of educational law and educational legal phenomena. Generally speaking, comparison is based on analysis. Only on the basis of a clear understanding of educational laws and educational legal phenomena, it is meaningful to compare comparable educational laws, educational legal phenomena or different aspects of educational laws. (for example)

6. What are the characteristics of China's education law?

Reference point of view: the characteristics of education law refer to personality characteristics different from other laws, which are determined by the specific adjustment objects and specific contents of education law. If the education law is regarded as a part of the whole law, compared with other social norms, it has the characteristics of compulsory, universal and normative general law. If we compare the education law as an independent legal part with other departmental laws, the education law has its particularity.

The law takes a certain relationship between people as its own adjustment object. Social relations of the same social nature are divided into different types because they involve different social fields. The adjustment object of education law is social relations in the field of education, which is the characteristic of education law different from other departmental laws. Social relations in the field of education, including administrative organs and schools, schools and teachers, schools and society, schools and families, teachers and students, teachers and teachers, students and students, and education and education, are extremely complicated.

7. How is the principle of publicity of education reflected in China's education law?

Reference point: (1) Paragraph 3 of Article 25 of the Education Law stipulates: "No organization or individual may set up schools or other educational institutions for profit." This shows that any organization or individual should set up schools and other educational institutions in China with the main purpose of promoting the physical and mental development of students and the development of education, and insist that education should conform to the public interests. (2) Paragraph 2 of Article 8 of the Education Law stipulates: "The State separates education from religion. No organization or individual may use religion to carry out activities that hinder the national education system. "This regulation requires that education should be responsible for the public interests of the country, people and society to ensure the normal operation of the education system. (3) Article 12 of the Education Law stipulates: "The written Chinese language is the basic teaching language in schools and other educational institutions. Schools and other educational institutions with minority students as the mainstay can teach in the language commonly used in their own nation or region. " "Schools and other educational institutions should promote the use of common words and standardized words commonly used throughout the country in teaching." Chinese is one of the official languages commonly used in China and one of the internationally recognized working languages of the United Nations. Therefore, making Chinese the basic teaching language in schools and other educational institutions in China can meet the teaching needs of most people and regions in China, and is also conducive to the popularization and development of education. At the same time, schools and other educational institutions that mainly focus on minority students are allowed to use their own or local spoken and written languages for teaching, which is not only a respect for ethnic minorities, but also a freedom to develop their own spoken and written languages. Therefore, the provisions of the law on teaching language and writing reflect the principle of publicity of education in China.

8. Briefly describe the content system of citizens' right to education.

Reference point: Citizens' right to education is not abstract, but concrete, which is embodied in different levels of legal system. (1) From the source of the right to education, the right to education belongs to the category of human rights. (2) From the perspective of a country, the Constitution is the fundamental law and the source of other laws. Among the basic rights and obligations of citizens, the Constitution of China stipulates that "People's Republic of China (PRC) citizens have the right and obligation to receive education". (3) From the perspective of the education law itself, its relatively independent education legal system embodies the specific content of citizens' right to education. For example, Article 42 of the Education Law stipulates: "Educated people shall enjoy the following rights: (1) to participate in various activities arranged by the education and teaching plan and to use education and teaching facilities, equipment and books and materials; (two) in accordance with the relevant provisions of the state to obtain scholarships, loans and grants; (three) to obtain a fair evaluation of academic performance and conduct, and to obtain corresponding academic certificates and degree certificates after completing the prescribed studies; (four) to complain to the relevant departments if they are dissatisfied with the punishment given by the school, and to complain or bring a lawsuit against the school and the teacher's warehouse for infringing their personal rights, property rights and other legitimate rights and interests; (5) Other rights stipulated by laws and regulations. " Other legally effective education laws, administrative regulations, local regulations, autonomous regulations, separate regulations and rules under the Education Law also have corresponding provisions to protect citizens' right to education.

9. How to understand that the right to education and the right to education are interdependent?

Reference point: The interdependence between the right to education and the right to education is mainly manifested in the following aspects: (1) The existence of the educated is the basis of the interdependence between the right to education and the right to education. (2) The subject of the right to education and the subject of the right to education depend on each other through certain rights and obligations. Obligation is the premise of right, and right is the basis of obligation. If you want to enjoy rights, you must fulfill your obligations. (3) The abuse or unreasonable setting of the right to education will lead to the violation, restriction or deprivation of a subject's right to education. (Appropriate example)

Judging from the interdependence between the right to education and the right to education, in order to protect the rights of the subject of the right to education, on the one hand, the subject of the right to education should fulfill its obligations and exercise its rights according to law; On the other hand, the subject of the right to education should also safeguard their rights and fulfill their obligations according to law.

10. How to understand the legal relationship between teachers and students?

Reference point: the relationship between teachers and students still refers to the legal relationship of rights and obligations.

Teachers' rights that have a direct impact on students include: carrying out educational and teaching activities, carrying out educational and teaching reforms and experiments; Guide students' learning and development, and evaluate students' conduct and academic performance; Stop acts that are harmful to students or other acts that infringe on their legitimate rights and interests. Teachers' obligations to students include: observing the constitution, laws and professional ethics, and being a teacher; Carry out the national education policy, abide by the rules and regulations, implement the school teaching plan, fulfill the teacher employment contract, and complete the education and teaching tasks; Educate students on the basic principles defined by the Constitution, patriotism and national unity, legal system, ideology and morality, culture, science and technology, and organize and lead students to carry out beneficial social activities; Caring for all students, respecting students' personality and promoting students' all-round development in morality, intelligence and physique; Stop acts that are harmful to students or other acts that infringe on their legitimate rights and interests, and criticize and resist phenomena that are harmful to their healthy growth; Constantly improve ideological and political awareness and the professional level of education and teaching.

The rights that students have a direct influence on teachers include: participating in various activities arranged by the education and teaching plan, using education and teaching facilities, equipment and books; Get a fair evaluation of academic performance and behavior; Complaints or lawsuits against violations of teachers' personal rights, property rights and other legitimate rights and interests; Rights stipulated by laws and regulations. (Appropriate example)

1 1, combined with the actual situation, explain why we should abide by the education law.

Reference point: Abiding by the education law refers to the activities that the subjects of educational legal relations act in strict accordance with the educational legal norms, so that the education law can be implemented. (1) It is the obligation of all organizations and individuals to abide by the law; (2) Abiding by the education law is the basic requirement of administering education according to law; (Appropriate example)

12. What obligations should schools perform during the implementation of the compulsory education system?

Reference point: Schools should fulfill the following obligations: (1) Implement the national education policy, strive to improve the quality of education and teaching, and make children develop morally, intellectually and physically in an all-round way; (2) Schools are obliged to inform parents or other guardians of school-age children and adolescents to receive compulsory education; (3) Have the obligation to educate and teach students in school, complete the task of education and teaching, and issue academic certificates to students who have completed compulsory education.

13. What are the conditions for becoming the subject of educational legal relationship? What is the specific content?

Reference point of view: To become the subject of educational legal relationship, one needs to have the qualifications to enjoy rights and undertake obligations, that is, to have the capacity for rights and conduct.

Capacity for rights refers to the qualification confirmed by law, which can participate in certain legal relations, enjoy certain rights or undertake certain obligations according to law. This is the legal premise for the subject of educational legal relationship to participate in any educational legal relationship. The legal capacity of natural persons can be divided into general legal capacity and special legal capacity. The legal capacity of a legal person begins with its legal establishment and ends with its dissolution or revocation.

Capacity for conduct refers to the qualification recognized by law. It can participate in the confirmation of legal relations through its own behavior, exercise certain rights and perform certain obligations. The legal basis for determining the capacity for behavior is the subject's freedom of will, that is, the subject can understand the social significance of his behavior and control his behavior. Therefore, people who have the ability to have rights may not have the ability to act. (Appropriate example)

14. How to understand the legal rights and obligations in education?

Reference point: (1) Educational legal relationship refers to the relationship of rights and obligations between people formed by educational legal norms in adjusting educational social relations. (2) Educational law benefits refer to certain benefits enjoyed by the subjects of educational legal relations according to law. Usually manifested as: the right to act, the right to claim and the right to claim. (3) Educational legal obligation refers to some kind of responsibility that the subject of educational legal relationship should bear according to law. Usually manifested as: inaction, positive action, and acceptance of state coercion. (4) Rights and obligations are a pair of categories representing relationship and state, reflecting the acquisition or payment of interests between people. The relationship between the legal rights and obligations of education is as follows: from a macro perspective, they are interrelated, restricted and inseparable; From the microscopic point of view, there are structural correlation, quantitative equivalence, complementary functions and value master-slave relationship between them.

15, talk about why the legal supervision of education should be combined with reality.

Reference point: (1) The broad sense of education legal supervision refers to the activities of various state organs, political or social organizations and citizens to inspect, supervise and correct the operation of the education law according to law. In a narrow sense, the legal supervision of education refers to the activities such as auditing, supervising and correcting the implementation of the education law by the special legal supervision organs of the state in accordance with the statutory authority and procedures. (2) The functions of education legal supervision are: education legal supervision is an effective means to ensure the correct operation of education law; Educational legal supervision is a necessary way to ensure the realization of the rights and obligations of the subjects of various educational legal relations; The legal supervision of education can promote the process of administering education according to law in China. (illustrate one's point of view with examples)

16. discuss the obligations that the state, schools, parents and school-age children and adolescents should perform in the implementation of China's compulsory education system.

Reference point: (1) The state has the obligation to set up compulsory education institutions, undertake the investment of compulsory education funds, develop normal education and supervise the implementation of compulsory education. (2) The school has the obligation to promote children's all-round development, inform school-age children to enter school, conduct education and teaching, and issue academic certificates; (3) Parents have the obligation to send school-age children to school and receive education on time; (4) School-age children and adolescents have the obligation to receive compulsory education for a specified number of years. (for example)

17. Try to explain the academic system of vocational education in China and analyze its practical significance.

Reference point: Article 12 of the Vocational Education Law stipulates: "According to the level of economic development and the degree of education popularization in different regions, the state implements education diversion at different stages, focusing on junior high schools, and establishes and improves a vocational education system that combines vocational school education with vocational training and is coordinated with other education." At the same time, article 13 of the law further stipulates the division of vocational schools and teaching institutions: "Vocational school education is divided into primary, secondary and higher vocational school education." "Primary and secondary vocational school education is implemented by primary and secondary vocational schools respectively; Higher vocational school education is implemented by higher vocational schools or ordinary colleges and universities according to needs and conditions. Other schools can implement vocational school education at the same level in accordance with the overall planning of the education administrative department. "

The combination of vocational school education and vocational training is an important feature of China's vocational education system. Vocational training is the most basic, multi-level and diversified vocational education according to the needs of employees' jobs and following the principle of "training first, then employment". It is a non-academic education to update knowledge and skills and improve employability, and issue training certificates to those who pass the examination; In addition to the implementation of vocational education for the disabled in educational institutions for the disabled, other vocational education institutions, training institutions and educational institutions shall receive disabled students in accordance with relevant state regulations; Ordinary middle schools can offer vocational education courses according to local conditions.