The right to education exercised by schools is essentially a part of the national right to education. Article 18 of China's Education Law clearly stipulates that schools have the right to education and teaching, enrollment, school roll management, rewards and punishments, and the right to issue corresponding academic certificates to students. For schools, this right to implement education and teaching is not only a right given by the state, but also a task given by the state. It can only be exercised correctly and cannot be abandoned. According to the General Principles of Civil Law, legal persons in civil law can be divided into enterprise legal persons and enterprise legal persons according to their different purposes and activities. Enterprise as a legal person is a variety of economic organizations that carry out production and business activities for the purpose of expanding social accumulation and creating material wealth. Including enterprise legal persons and joint venture legal persons owned by the whole people and collectively. Business legal person refers to all kinds of social organizations, including scientific, cultural, educational, health, art, sports and other institutions, that engage in social welfare undertakings and meet the needs of the masses. It is a common practice all over the world to stipulate schools as non-profit organizations. China's Education Law stipulates: "No organization or individual may run schools and other educational institutions for profit". At the same time, preferential policies for schools are stipulated in many aspects, such as work-study program, school land, production and supply of teaching instruments and equipment, and import of books and materials. It embodies the legal status of public welfare in schools.
Schools in China can have a variety of subject qualifications according to different conditions and nature. When they participate in the educational administrative legal relationship, obtain administrative rights and undertake administrative obligations, they are the main body of the educational administrative legal relationship; When it participates in the education of civil legal relations, obtains civil rights and undertakes civil obligations, it is the main body of civil legal relations education. The so-called educational administrative legal relationship refers to the relationship between the school and the state administrative organ or between the school and the teachers and students when the school enjoys certain administrative functions authorized by laws and regulations and obtains the qualification of administrative subject; The so-called civil legal relationship of education is the social relationship between schools and administrative organs (at this time, administrative organs are legal persons), enterprises, institutions, collective economic organizations, social organizations and individuals without administrative affiliation. This relationship involves a wide range, such as school property, people, land, school environment and even the rights involved in income generation, which will be inevitably related to civil ownership and circulation. The legal relationship of educational administration and the legal relationship of educational civil affairs are two different legal relationships. The legal status of schools in these two different legal relationships is different. In the legal relationship of educational administration, the school appears as the relative person of administrative management. Of course, this does not rule out that schools, as the main body of running schools, enjoy their own rights and obligations. In the civil legal relationship of education, schools are in an equal position with other subjects.
Legal basis:
civil law
Article 1 199 Presumption of fault liability of educational institutions
If a person without civil capacity suffers personal injury during his study and life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; However, those who can prove that they have fulfilled their educational management responsibilities will not bear tort liability.
The legal status of the school is established according to the education law and has the nature of administrative law. There are special registration procedures for the establishment, alteration and termination of schools, which must be approved and decided by the state education administrative department. The purpose of the school is to improve the quality of the whole nation, cultivate talents and promote the construction of material and spiritual civilization. Therefore, the state has the right to establish a corresponding education system according to its own national conditions and take necessary educational measures to improve the quality of citizens. At the same time, we should also bear the responsibilities corresponding to the state's right to education and provide the necessary financial resources and other conditions for the development of education. The state's investment in education is different from the general social welfare undertakings, which embodies the interests of the state.
The right to education exercised by schools is essentially a part of the national right to education. Article 18 of China's Education Law clearly stipulates that schools have the right to education and teaching, enrollment, school roll management, rewards and punishments, and the right to issue corresponding academic certificates to students. For schools, this right to implement education and teaching is not only a right given by the state, but also a task given by the state. It can only be exercised correctly and cannot be abandoned. According to the General Principles of Civil Law, legal persons in civil law can be divided into enterprise legal persons and enterprise legal persons according to their different purposes and activities. Enterprise as a legal person is a variety of economic organizations that carry out production and business activities for the purpose of expanding social accumulation and creating material wealth. Including enterprise legal persons and joint venture legal persons owned by the whole people and collectively. Business legal person refers to all kinds of social organizations, including scientific, cultural, educational, health, art, sports and other institutions, that engage in social welfare undertakings and meet the needs of the masses. It is a common practice all over the world to stipulate schools as non-profit organizations. China's Education Law stipulates: "No organization or individual may run schools and other educational institutions for profit". At the same time, preferential policies for schools are stipulated in many aspects, such as work-study program, school land, production and supply of teaching instruments and equipment, and import of books and materials. It embodies the legal status of public welfare in schools.
Schools in China can have a variety of subject qualifications according to different conditions and nature. When they participate in the educational administrative legal relationship, obtain administrative rights and undertake administrative obligations, they are the main body of the educational administrative legal relationship; When it participates in the education of civil legal relations, obtains civil rights and undertakes civil obligations, it is the main body of civil legal relations education. The so-called educational administrative legal relationship refers to the relationship between the school and the state administrative organ or between the school and the teachers and students when the school enjoys certain administrative functions authorized by laws and regulations and obtains the qualification of administrative subject; The so-called civil legal relationship of education is the social relationship between schools and administrative organs (at this time, administrative organs are legal persons), enterprises, institutions, collective economic organizations, social organizations and individuals without administrative affiliation. This relationship involves a wide range, such as school property, people, land, school environment and even the rights involved in income generation, which will be inevitably related to civil ownership and circulation. The legal relationship of educational administration and the legal relationship of educational civil affairs are two different legal relationships. The legal status of schools in these two different legal relationships is different. In the legal relationship of educational administration, the school appears as the relative person of administrative management. Of course, this does not rule out that schools, as the main body of running schools, enjoy their own rights and obligations. In the civil legal relationship of education, schools are in an equal position with other subjects.
Legal basis:
Article 1 199 of the Civil Code
If a person without civil capacity suffers personal injury during his study and life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; However, those who can prove that they have fulfilled their educational management responsibilities will not bear tort liability.