1, definition. Educational legal relationship refers to the relationship of rights and obligations formed by educational legal norms in the process of adjusting people's behavior.
2. Features. The legal relationship of education is different from the general social relationship in the following aspects:
① Educational legal relationship is a social relationship formed on the premise of educational legal norms. The existence of educational legal relationship is based on the existence of educational legal norms. Without the existence of educational legal norms, there is no educational legal relationship. Once social relations are included in the adjustment scope of educational legal norms, they become educational legal relations.
② The legal relationship of education is a social relationship centered on rights and obligations. The determination of educational legal norms is to bring the parties into the scope of adjustment of education law through the determination of rights and obligations, so as to make them the beneficiaries and undertakers of rights and obligations. The rights and obligations of the parties are clarified, which also clarifies the social relations between them regulated by law. In addition, other social relations between the parties do not belong to educational legal relations.
(3) The existence of educational legal relationship is guaranteed by the state's coercive force. The legal norms of education should make clear what the parties can do, what they can't do and what they must do, which is the embodiment of the will of the state and the guarantee of the compulsory labor of the state. However, when the educational legal relationship is destroyed, whether the state coercive power plays an immediate role depends on the nature of the educational legal relationship. This nature is mandatory and arbitrary. The former is directly guaranteed by the state coercive force, and the latter needs the request of the obligee before the state coercive force can play its role.