Education contract is a new legal phenomenon in the field of education in China, and its emergence has its objective inevitability. Market economy, educational system reform and related legal systems are the basis of the existence of educational contracts.

Education contract has its specific meaning, that is, it refers to the agreement signed by educational institutions with citizens, legal persons and other social organizations to implement educational teaching behavior or provide educational cooperation behavior, including talent training contract and joint school-running contract. Education contract is a kind of civil law contract, which has the characteristics of public welfare, subject specificity, subject intelligence and formal dependence.