First of all, educational legal relationship is a social relationship formed under 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. For example, before the compulsory education law, there was a social phenomenon that children went to school, and there was also a social relationship between children and schools. However, this social relationship is not mandatory, so whether a child enters school or not does not belong to the school.
Legal social relations. After the implementation of the Compulsory Education Law, there is an educational legal relationship between school-age children and schools.
Second, the legal relationship of education is a social relationship formed with rights and obligations as the core. 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.
Third, 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.
The meaning of educational legal norms
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 law to adjust various legal and social relations in educational activities.