1. The subject of educational legal relationship
The subject of educational legal relationship refers to the participants or parties in educational legal relationship, who enjoy rights and undertake obligations in educational legal relationship. The party who enjoys the right is called the obligee, and the party who assumes the obligation is called the obligor. The establishment of any kind of educational legal relationship is inseparable from the participation of subjects who enjoy certain rights and assume certain obligations. An educational legal relationship has at least two subjects.
The subject of educational legal relationship has the characteristics of diversity. Citizens and organizations who participate in educational activities in accordance with the provisions of educational legal norms and enjoy rights and obligations are the subjects of educational legal relations, thus diversifying the subjects of educational legal relations.
The subjects of the above-mentioned educational legal relations can be divided into three categories: (1) natural persons, that is, individual subjects. Citizens are the most basic and absolutely dominant subjects among natural people. Such as teachers, students, parents and other citizens. (2) The collective subject includes two types. One is state organs, including power organs, administrative organs, judicial organs and procuratorial organs. Activities within the scope of its functions and powers can become the main body of constitutional relations, administrative relations, procedural relations and other legal relations; The other is social organizations, such as social organizations, enterprises and institutions. (3) the country. As a whole, the state is a participant in some important educational legal relations, which can be the main body of state ownership relations, criminal law relations and international law relations.
2. The content of educational legal relationship
The content of educational legal relationship refers to the rights and obligations that the subject of educational legal relationship enjoys in the legally established educational legal relationship. It is recognized by educational legal norms and enforced by the state, and is one of the important elements of educational legal relationship. Rights and obligations are the core of the legal relationship of education. Without rights and obligations, there is no educational legal relationship.
(1) Legal rights refer to certain benefits or qualifications enjoyed by the subject of legal relationship according to law, which means that the obligee can do something or not, and can ask the obligor to do something or not. It allows people to choose to act or not to act according to their own wishes. All legal rights are guaranteed by the state by force. When the legal rights are infringed, the obligee has the right to ask the relevant state organs for legal protection. It can be seen that the subject of legal relationship can give up its rights, but no one can deprive or exempt its legal rights except according to law. Such as the right to education, when a student passes the admission score of a university in the college entrance examination, he has the right to choose to study in this university. If he is not satisfied with this university, he also has the right to choose to give up studying in this school. However, if he chooses to study in this school, as long as he meets the admission conditions of the school and there is no legally recognized reason, the school cannot refuse to admit him.
(2) Legal obligation refers to the responsibility that the legal relationship subject undertakes according to law. The undertaker (that is, the obligor) must perform certain actions or omissions according to law. All legal obligations, whether positive or negative, are enforced by the state. When the obligor refuses to perform his due obligations, the judicial organs or other relevant state organs have the right to take measures to enforce them, and even require the obligor to bear corresponding administrative, civil or criminal legal responsibilities.
Rights and obligations are inseparable. Without rights, there is no obligation, and without rights, there is no obligation. In any legal relationship, the creditor's rights depend on the debtor's obligations, otherwise it will infringe on the creditor's rights. Rights and obligations represent the same behavior, which is a right for one party and an obligation for the other. Rights and obligations point to the same object (that is, the object of legal relationship). For example, in the legal relationship of creditor's rights and debts, rights and obligations point to the same object. The unity of rights and obligations is also manifested in the fact that one party can't just enjoy rights and not undertake obligations, while the other party can only undertake obligations and not enjoy rights. The legal principle that everyone is equal before the law requires that any legal relationship subject must bear corresponding obligations while enjoying rights. In addition, the unity of rights and obligations is also reflected in the fact that in some legal relations, especially in administrative legal relations, rights and obligations overlap. For example, it is both the principal's legal right and the principal's legal obligation to govern the school according to law. Another example is that school-age children receive nine-year compulsory education, which is both their right and their obligation.
3. The object of educational legal relationship
The object of legal relationship, also known as the object of rights, is the object to which the rights and obligations of the subject of legal relationship point. Without objects, rights and obligations lose their goals. However, not all objective objects that exist independently of the subject can become objects. Only those objective objects (such as things and behaviors) that can satisfy the interests of the subject and be recognized and protected by national laws can become the objects of legal relations and the objects to which the rights and obligations of the subject point. Some behaviors, such as buying and selling counterfeit money, have a certain relationship between buyers and sellers, but this relationship has not been confirmed and protected by law, so it does not constitute a legal relationship, and buying and selling counterfeit money and counterfeit money cannot constitute the object of legal relationship.
The object of educational legal relationship generally includes material wealth, intangible wealth and behavior. Legal disputes in the field of education are often triggered by this.
(1) Material wealth. In short, things can be expressed as natural things, such as forests, land and natural resources. It can also be manifested as human labor creation, such as buildings, machines and various products. It can be the property of the state and the collective, and it can also be the property of individual citizens. Things can generally be divided into movable property and immovable property: immovable property, including land, houses and other building facilities, such as school venues, offices, teaching and experimental rooms and necessary ancillary buildings; Movable property, including funds and teaching instruments and equipment. Education funds include national education financial allocations and social donations in the form of money and other securities, such as checks, drafts, passbooks, bonds, etc.
(2) Intangible wealth. Including products of creative activities and other non-property wealth related to people. The former is also called intellectual achievement, which mainly refers to achievements including various teaching materials and works in the field of education. Other personal intangible wealth includes the name, portrait, reputation, health and life of citizens (such as teachers, students and other individual subjects) or organizations (such as educational administrative organs, schools and other organizations).
(3) behavior. Behavior refers to the actions and omissions of the subjects of educational legal relations to realize their rights and obligations. A certain behavior can satisfy the interests and needs of the obligee and become the object of educational legal relationship. In the field of education, the administrative behavior of educational administrative organs, school management behavior and teaching behavior are the most basic behaviors on which educational legal relations depend.
The material wealth and intangible wealth of schools, teachers and students, as well as the educational behaviors and activities carried out by these subjects according to law, are recognized and protected by law, and are all important objects of educational legal relations.