1, damaging the facts. There are damaging facts, that is, the objective facts exist that the actor infringes on the education management, teaching order and the legitimate rights and interests of citizens, legal persons and other organizations engaged in education and teaching activities. This is the premise for education to bear legal responsibility.
2. The damage must be illegal. Violation of law refers to the behavior of the perpetrator who violates laws and regulations. This is the premise for education to bear legal responsibility.
3. The actor is wrong. The so-called fault refers to the psychological state of subjective intention or negligence when the actor carries out the behavior.
4. There is a causal relationship between the illegal act and the fact of damage. Illegal behavior is the cause of damaging facts, and damaging facts is the inevitable result of illegal behavior, and there is an inherent and inevitable relationship between them.
The types of educational legal responsibilities are as follows:
1. Administrative responsibility: As the nature of the education law is mainly the general name of normative documents regulating the relationship between education and administration, it has the attribute of administrative law, so the legal responsibility stipulated by it is mainly administrative legal responsibility.
2. Civil liability: refers to the legal consequences borne by the actor due to civil tort. Civil liability in the education law refers to the violation of educational laws and regulations by the subjects of educational legal relations, which undermines the normal property relations and personal relations between equal subjects. It is a responsibility with property as its main content.
3. Criminal responsibility: refers to the legal consequences that the actor must bear when he commits an act prohibited by the criminal law. The criminal legal responsibility of the education law refers to the legal consequences that the actor must bear when he violates the education law and the criminal law and reaches the level of crime.
To sum up, the subject of educational legal relationship is recognized as the subject of educational legal responsibility only if it has the four imputation elements of educational legal responsibility and should bear the corresponding legal consequences.
Legal basis:
Article 7 1 of the Education Law of the People's Republic of China
In violation of the relevant provisions of the state, the education funds are not allocated according to the budget, and the people's government at the same level shall allocate them within a time limit; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished according to law.
Whoever misappropriates or embezzles educational funds in violation of the national financial system and financial system shall be ordered by the higher authorities to return the misappropriated and embezzled funds within a time limit, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.