The subjects of educational legal relations are various, including the state, educational administrative organs and their staff, schools and other educational institutions, faculty, students and their parents, employers, other state organs, enterprises and institutions, social organizations, foreigners and stateless persons.

These can be summarized into three main types:

First, citizens (natural persons);

2. Institutions and organizations (legal persons);

The third is the country.

(1) citizen (natural person)

Citizens are divided into two categories: one is China citizens, and the other is foreign citizens or stateless persons who live or operate in China. China citizens enjoy all the rights stipulated by the laws of China, so they can participate in relevant educational legal relations. Foreigners and stateless persons can only participate in a part of China's educational legal relations, and its scope is stipulated by China's laws and treaties and international conventions signed between China and other countries.

(2) Institutions and organizations (legal persons)

Institutions and organizations mainly include two types: one is state organs, such as power organs, administrative organs and judicial organs. , with power supply characteristics. The other is social organizations, including political parties, enterprises and institutions and social organizations. These organizations have participated in a wide range of educational legal relations, and they can become the main body of educational legal relations according to law, whether in educational civil legal relations or educational administrative legal relations.

(3) country

The state is also the subject of educational legal relationship. From the perspective of international law, the state subjects mainly participate in international education activities and sign international education agreements in the name of international law subjects. From the perspective of domestic law, the state subject mainly exercises the state's educational legislative power, educational judicial power and educational administrative power through power organs at all levels, judicial organs at all levels and administrative organs at all levels, thus becoming the concrete subject of educational legal relations.

The object of educational legal relationship refers to the object that the rights and obligations of the subject of educational legal relationship point to together. The object of educational legal relationship is the basis of the formation of the subject's rights and obligations. Without this foundation, rights and obligations cannot arise. In the legal relationship of education, the object pointed by the right subject and the object pointed by the obligation subject are the same, that is, they all point to the same object. If you can't point to the same object, there is no educational legal relationship.

The content of educational legal relationship

The content of educational legal relationship refers to the rights and obligations that the subject of educational legal relationship enjoys in the legally established educational legal relationship. It is recognized by educational legal norms and enforced by the state, and is one of the important elements of educational legal relationship. Rights and obligations are the core of the legal relationship of education. Without rights and obligations, there is no educational legal relationship.

(1) Legal rights refer to certain benefits or qualifications enjoyed by the subject of legal relationship according to law, which means that the obligee can do something or not, and can ask the obligor to do something or not. It allows people to choose to act or not to act according to their own wishes. All legal rights are guaranteed by the state by force. When the legal rights are infringed, the obligee has the right to ask the relevant state organs for legal protection. It can be seen that the subject of legal relationship can give up its rights, but no one can deprive or exempt its legal rights except according to law. Such as the right to education, when a student passes the admission score of a university in the college entrance examination, he has the right to choose to study in this university. If he is not satisfied with this university, he also has the right to choose to give up studying in this school. However, if he chooses to study in this school, as long as he meets the admission conditions of the school and there is no legally recognized reason, the school cannot refuse to admit him.

(2) Legal obligation refers to the responsibility that the legal relationship subject undertakes according to law. The undertaker (that is, the obligor) must perform certain actions or omissions according to law. All legal obligations, whether positive or negative, are enforced by the state. When the obligor refuses to perform his due obligations, the judicial organs or other relevant state organs have the right to take measures to enforce them, and even require the obligor to bear corresponding administrative, civil or criminal legal responsibilities.

Rights and obligations are inseparable. Without rights, there is no obligation, and without rights, there is no obligation. In any legal relationship, the creditor's rights depend on the debtor's obligations, otherwise it will infringe on the creditor's rights. Rights and obligations represent the same behavior, which is a right for one party and an obligation for the other. Rights and obligations point to the same object (that is, the object of legal relationship). For example, in the legal relationship of creditor's rights and debts, rights and obligations point to the same object. The unity of rights and obligations is also manifested in the fact that one party can't just enjoy rights and not undertake obligations, while the other party can only undertake obligations and not enjoy rights. The legal principle that everyone is equal before the law requires that any legal relationship subject must bear corresponding obligations while enjoying rights. In addition, the unity of rights and obligations is also reflected in the fact that in some legal relations, especially in administrative legal relations, rights and obligations overlap. For example, it is both the principal's legal right and the principal's legal obligation to govern the school according to law. Another example is that school-age children receive nine-year compulsory education, which is both their right and their obligation.

Legal basis:

the education law of the peoples republic of china

Article 9 People's Republic of China (PRC) citizens have the right and obligation to receive education.

Citizens, regardless of nationality, race, sex, occupation, property status, religious beliefs, etc. , enjoy equal opportunities for education according to law.