1. Briefly describe the relationship and difference between education law and education law.

A: Educational law is the research object and support of educational law, which provides theoretical basis and guiding direction for educational law. There are both connections and differences between them. Education law is a part of the national legal system, and education law is a branch of law.

2. Briefly describe the characteristics of education law.

A: The characteristics of the education law refer to the individual characteristics different from other laws, which are determined by the specific adjustment objects and specific contents of the 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 component with other departmental laws, it has its own particularity, that is, adjusting social relations in the field of education.

3. Briefly describe the different characteristics of the right to education and the right to education.

Answer: (1) The topic is different. The subject of the right to education mainly exists as a country, institution or organization, and the sovereignty of the right to education exists as a citizen; (2) Different sources. The right of national education is endowed by citizens and a kind of power, which cannot be abandoned or transferred. The right to education originates from people's right to life and exists because of people's existence.

4. Briefly answer the characteristics of the education law.

A: (1) The research object of educational law has a strong directivity; (2) The education law has strong sociality; (3) The education law is comprehensive; (4) Education law is marginal.

5. Briefly answer the development characteristics of the education law.

A: (1) Education law and administrative law are gradually separated; (2) The research content of educational law is more systematic; (3) There are academic organizations and periodicals specialized in educational law; (4) Educational law courses are generally offered in normal universities; (5) publishing educational law works.

6. Briefly answer the main research contents of educational law.

A: (1) Educational law theory. Specifically, it includes the basic principles of the education law, the legal nature of the right to education and the right to education, the legal relationship of education, and the operation of the education law. (2) The rights and obligations of the subject of educational legal relationship. Specifically, it includes the current basic education system in China, the status, rights and obligations of the subjects of educational legal relations such as schools, teachers and students. (3) Legal responsibility and relief. Specifically, it includes the meaning, constitutive requirements, imputation principle, responsibility mode, the provisions of the education law on legal responsibility, legal relief and so on.

7. Briefly describe the relationship between education law and pedagogy.

A: Pedagogy is a science that studies educational phenomena and reveals educational laws. There are differences and connections between education law and pedagogy. Both of them study educational phenomena, but the emphasis is different. Education law is to study the legal norms of educational activities from the aspects of educational legal relations, the management of educational institutions, the rights and obligations of teachers and students, etc., so as to ensure the normal conduct of educational activities. Pedagogy is a discipline that studies educational facts, activities, problems and theories in various forms, types and ways. Education law and pedagogy have studied different aspects of the same object from different angles, and there is an inevitable connection between them. Pedagogy provides a theoretical basis for the development of educational law. In the process of studying educational legal phenomena, educational law must follow the educational policy, educational purpose and educational law.

8. How to understand the meaning of education law?

A: The education law is formulated or recognized by the state, and its implementation is guaranteed by the state's coercive force. It is the sum total of legal norms that regulate various social relations in educational activities. This definition can be understood from three aspects. First of all, the education law is a code of conduct formulated or recognized by the state. Secondly, the education law is a code of conduct guaranteed by the state compulsion, which embodies the essential characteristics of legal compulsion. Finally, the education law is a code of conduct to adjust various legal and social relations in educational activities.

9. How to understand the origin of education law?

A: According to the provisions of the Constitution, there are mainly the following sources of education law in China: (1) Constitution. Constitution is the fundamental law of the country. It was formulated by the National People's Congress in accordance with the most stringent legislative procedures. It has the highest legal status and is the source of all laws. The constitution stipulates the basic guiding ideology and legislative basis of the education law and the basic legal norms of education and teaching activities; (2) law. Refers to the normative documents formulated by the highest organ of state power and its permanent organs in accordance with legislative procedures; (3) Administrative regulations; (4) local regulations; (5) autonomous regulations and separate regulations; (6) regulations.

10. What is the meaning and content of the right to school education?

A: The right of school education refers to the right that the state gives schools to independently carry out education and teaching activities in order to realize the purpose of running a school. The right to school education belongs to the category of national education right. The exercise of the right to school education must conform to the public interests of the state and society and may not be abandoned or transferred. Even schools that use non-financial state expenditures as their funding sources cannot run counter to the public interests of the state and society, let alone violate national laws and regulations.

According to the provisions of the Education Law, a school's right to education includes: (1) the right to independently manage the school according to its articles of association; (2) the right to organize and implement educational and teaching activities: (3) the right to recruit students or other educators; (four) the management of student status and the right of reward and punishment; (five) the right to issue corresponding academic certificates to the educated; (six) the right to hire teachers and other employees and implement rewards and punishments; (seven) the right to manage and use the facilities and funds of the unit; (eight) have the right to refuse any organization or individual's illegal interference in education and teaching activities; (nine) other rights stipulated by laws and regulations.

1 1. Which vulnerable groups in China have the right to education guaranteed by law?

A: (1) Women's right to education is guaranteed by law; (two) to provide legal protection for children, adolescents and young people with financial difficulties; (3) The right of the disabled to receive education is guaranteed by law; (4) The right of minors who commit crimes to receive education is guaranteed by law; (5) Migrant children's right to education is guaranteed by law.

12. What are the legal obligations of education and their manifestations?

A: The legal obligation of education refers to some kind of responsibility that the subject of educational legal relationship should bear according to law. The forms of expression are: inaction, positive action, accepting state coercion, etc.

13. What is the legal supervision of civic education?

A: The legal supervision of civic education is part of the social supervision of the implementation of the education law. Citizens can supervise the implementation of the education law through letters and visits, public opinion, criticism, suggestions, complaints, reports and accusations.

14. What is the nature and characteristics of the higher education system?

A: Higher education is the highest stage of school education. It is a professional education based on secondary education, and it also marks the highest development level of culture, science and technology and education in a country. Features: (1) The guiding ideology is to implement the national education policy, serve the socialist modernization, and combine with productive labor to make the educated become builders and successors of the socialist cause with all-round development in morality, intelligence and physique; (2) The task is to cultivate senior professionals with innovative spirit and practical ability, develop science, technology and culture, and promote socialist modernization; (3) Higher education includes academic education and non-academic education, including full-time and part-time education. Academic education is divided into junior college education, undergraduate education and postgraduate education, and there are strict regulations on the admission qualifications, academic certificates, degrees and continuing education of higher education. (4) The source of funds for running a school is a system with financial allocation as the main source and other channels to raise funds as a supplement. The state encourages enterprises, institutions, social organizations and other social organizations and individuals to invest in higher education. ]

15. What is the relationship between educational legal norms and educational legal relations?

A: There is an inseparable relationship between educational legal norms and educational legal relations. The abstract rights and obligations stipulated in the educational legal norms are a kind of legal relationship on paper, while the specific educational rights and obligations in real life are actual legal relationships. The existence of educational legal norms provides a prerequisite for the emergence of educational legal relations.

16. What are the conditions for the formation, change and elimination of the legal relationship in education?

A: The formation, change and elimination of educational legal relations are not arbitrary, and two conditions must be met: the first condition is abstract, that is, the existence of educational legal norms, which is the premise and basis for the formation, change and elimination of educational legal relations; The second condition is the existence of educational legal facts, that is, various situations stipulated in the hypothetical part of educational legal norms. Once this happens, the provisions on rights and obligations and the legal consequences of actions in the educational legal norms will play a role, thus forming, changing or eliminating certain educational legal relations.

17. What are the levels of educational legislative power?

A: (1) The authority of the highest authority and its permanent organs to formulate education laws; (2) The highest state administrative organ has the right to formulate educational administrative regulations; (3) Local organs of state power have the right to formulate local educational laws and regulations; (4) The organs of self-government of ethnic autonomous areas have the right to formulate educational autonomy regulations and separate regulations; (5) the State Council's affiliated institutions and local state administrative organs have the right to formulate educational laws and regulations.

18, what is the interpretation of the education law? Why explain the education law?

A: The interpretation of the education law refers to the interpretation of the content and meaning of the education law. This interpretation should be carried out according to certain standards and principles and certain authority and procedures. The interpretation of the education law can help people understand the education law and ensure its application and compliance. The effect of root cause explanation is different, and the explanation of education law can be divided into formal explanation and informal explanation.

19, why should we abide by the education law?

A: 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. It is the obligation of all organizations and individuals to abide by the law. Paragraph 4 of Article 5 of the Constitution stipulates: "All state organs, armed forces, political parties, social organizations, enterprises and institutions must abide by the Constitution and laws. All acts that violate the Constitution and laws. Must be investigated. " The fifth paragraph stipulates: "No organization or individual may have privileges beyond the Constitution and laws." The third paragraph of Article 33 of the Constitution stipulates: "Any citizen shall enjoy the rights stipulated by the Constitution and laws, and at the same time must fulfill the obligations stipulated by the Constitution and laws." Abiding by the education law is an important part of implementing the education law. Only when everyone abides by the education law can we guarantee the rights of the subjects involved in the education law and the process of governing education according to law.

20. Briefly answer the contents of China's school education system.

A: (1) The school education system, also referred to as the school education system, refers to a system in which all kinds of schools at all levels in a country take one person as a unit and specify the nature, tasks, admission conditions, study years and their relationships. ; (2) China implements the educational system of preschool education, primary education, secondary education and higher education.

2 1. Briefly answer the types of education evaluation system in China at present.

A: The types of educational evaluation in China mainly include qualified evaluation, level evaluation and optimization evaluation. Conformity assessment is a system that the state and education administrative departments identify and recognize the basic conditions for running a new school and the quality of basic education. The evaluation of running a school is a regular comprehensive evaluation of qualified schools; On the basis of the evaluation of running a school, it is an appraisal and selection activity to select outstanding students, give preferential support, promote competition and improve the level of evaluation.

22. What are the basic conditions for establishing a school?

Answer: (1) There must be an organization and articles of association; (2) There must be qualified teachers; (three) there must be teaching places, facilities and equipment that meet the prescribed standards; (4) There must be necessary funds for running schools and a stable source of funds.

23. Briefly describe the basic content of teacher evaluation.

A: (1) Political thoughts; (2) business level; (3) Work attitude; (4) work performance.

24. What are the main reasons for juvenile delinquency?

Answer: (1) Self-reason. Such as: lively, impulsive, curious, the demand for sex is increasing gradually, and the contradiction between demand and the method of obtaining demand; (2) The reasons of school education. Such as: attaching importance to wisdom over morality and taking exam-oriented education as the guidance; Individual teachers are poor in quality and in the wrong direction; The increase in the number of dropouts makes it easy for these children who drop out of school prematurely to commit illegal and criminal acts after entering the society; Legal education has not attracted enough attention from school education; (3) Social factors. Such as: family influence, media influence, poor communication, etc.

25, how to understand the legal status of the school?

A: The legal status of a school refers to the legal capacity and capacity enjoyed by the school as a social organization that implements educational and teaching activities, and thus obtains the subject qualification in a specific legal relationship. This concept can be understood from three aspects, that is, (1) the legal status of a school is obtained through legal provisions; (2) The legal status of the school is obtained through the setting of rights and obligations; (3) The legal status of the school should be realized in the specific legal relationship.

26. What internal leadership systems are currently implemented in China schools?

A: At present, the internal leadership system implemented in Chinese schools mainly includes: the principal responsibility system (mainly implemented in middle schools and below), the principal responsibility system under the leadership of party committees (mainly implemented in ordinary universities) and the principal responsibility system under the leadership of school boards (mainly implemented in private schools).

27. What rights do teachers in China enjoy?

A: According to Article 7 of the Education Law, the rights enjoyed by teachers include: carrying out educational and teaching activities, carrying out educational and teaching reforms and experiments; Engaging in scientific research and academic exchanges, participating in professional academic groups and expressing opinions in academic activities; Guide students' learning and development, and evaluate students' conduct and academic performance; Pay wages on time, enjoy the welfare benefits stipulated by the state, and take paid vacations in winter and summer vacations; Put forward opinions and suggestions on the work of school education, teaching, management and education administrative departments, and participate in the democratic management of schools through staff congresses or other forms; Participate in advanced studies or other forms of training.

28. What obligations should teachers in China perform?

Answer: (1) Abide by the Constitution, laws and professional ethics and be a teacher; (two) to implement 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; (3) To educate students on the basic principles set by the Constitution, patriotism, national unity, legal education, ideological and moral education, culture, science and technology education, and organize and lead students to carry out beneficial social activities; (4) Caring for and caring for students, respecting their personality and promoting their all-round development morally, intellectually and physically; (five) to stop acts harmful to students or other acts that infringe on the legitimate rights and interests of students, and to criticize and resist phenomena harmful to the healthy growth of students; (6) Constantly improve the ideological and political consciousness and the professional level of education and teaching.

29. How to understand students' right to fair evaluation and certificate?

A: Getting a fair evaluation of academic performance and conduct means that students have the right to be objectively evaluated in moral, intellectual and physical aspects according to the unified national standards. It is an important right for students to obtain corresponding academic certificates or certificates after completing the prescribed studies.

30. What measures are there to prevent juvenile students from committing crimes?

Answer: (1) education to prevent juvenile students from committing crimes; (2) Prevention of bad behavior of underage students; (three) to correct the serious bad behavior of underage students; (4) Young students' self-prevention of crime; (5) Prevent underage students from committing crimes again.