First, legal relationship is a relationship that can give rise to legal rights and obligations. Relationships such as teacher-student love have no legal significance, and naturally they do not belong to legal relationships, let alone civil legal relationships.
Second, the non-post teacher-student relationship (such as the former teacher, or the teacher-student relationship unrelated to the teacher's authority), this "teacher-student relationship", the two sides are essentially equal natural persons, if there is a legal relationship, it belongs to the civil legal relationship.
Thirdly, based on the relationship between teachers and students related to education, because teachers perform education and management functions on behalf of the school, this relationship between teachers and students is essentially the relationship between the school and students. Some belong to civil legal relations, and some do not. The standard to measure whether it belongs to civil legal relationship is whether teachers and students are in equal status.
1. Training fields that focus on commercial services, such as driving schools and vocational training, are usually called teacher-student relationship, but one party pays the money and the other party provides services, and their status is equal, which is a typical civil legal relationship.
2. The relationship between teachers and students in the fields of basic education and higher education, which fulfill the national educational functions, is partly a civil legal relationship, such as the responsibility of primary and secondary school teachers for certain guardianship and security of students. These contents can be brought to a civil lawsuit.
There is an administrative legal relationship between the upper and lower managers and the managed. Although the school is not an administrative organ, it exercises administrative powers authorized by law, such as enrolling students in colleges and universities and issuing diplomas. Some of them belong to internal administrative nature, and they are neither civil legal relations nor administrative legal relations. In the theory of administrative law, it is a special power relationship, which generally excludes the jurisdiction of the court, and related disputes can also be brought to court (the court will not accept it), such as evaluating three good things and failing to pass the thesis defense.
Legal basis: Article 2 of the Labor Law of People's Republic of China (PRC) This Law is applicable to enterprises, individual economic organizations (hereinafter referred to as employers) and laborers who have formed labor relations with them in People's Republic of China (PRC). State organs, institutions, social organizations and laborers who have established labor contract relations with them shall be implemented in accordance with this Law.