The educational legal relationship regulated by the Education Law of the People's Republic of China can be mainly divided into four categories:
(1) Legal relationship of education administration:
It is characterized by the existence of administrative subordination between the two parties, and its content is decided unilaterally by the administrative organ, and the administrative counterpart should obey it.
(2) Legal relationship of education economy:
It mainly involves the state's financial allocation for education, the state's levy of additional education fees, and the state's preferential policies for schools to set up industries and carry out capital construction.
(3) Educational civil legal relationship:
It is characterized by the equal status of both parties, which occurs on the basis of the voluntary participation of the parties, and to a certain extent, it reflects the equivalent compensation, such as the signing of employment contracts between schools and teachers, joint running of schools, etc.
(4) the special legal relationship between educators and educatees:
In education and teaching activities, the relationship between educators and educational objects is neither a civil relationship with equal rights and obligations, nor an administrative relationship between superiors and subordinates, but a special relationship of "preaching and teaching" and learning from each other. As far as the publicity of education and the quasi-official nature of educators' profession are concerned, some people think that this legal relationship is a quasi-administrative legal relationship.
General provisions of the Education Law of the People's Republic of China:
Article 1:
In order to develop education, improve the quality of the whole nation and promote the construction of socialist material civilization and spiritual civilization, this law is formulated in accordance with the Constitution.
Article 2:
This Law is applicable to all levels and types of education in People's Republic of China (PRC) (China).
Article 3:
The state adheres to the guidance of Marxism–Leninism, Mao Zedong Thought and the Theory of Building Socialism with Chinese characteristics, and follows the basic principles set by the Constitution to develop socialist education.
Article 4:
Education is the foundation of socialist modernization, and the state guarantees the priority development of education.
Article 5:
Education must serve the socialist modernization and the people, and must be combined with productive labor and social practice to cultivate socialist builders and successors with all-round development in morality, intelligence, physique and beauty.
Article 6:
Education should adhere to moral education, strengthen the education of socialist core values for the educated, and enhance their sense of social responsibility, innovative spirit and practical ability.