| Education contract is the inevitable product under the conditions of the market economy. Education in the form of contracts to the existing norms of education is of great theoretical and practical significance. Today, with the growing number of disputes in the area of education, legal norms of education contract are still more important .The legal problems of education contract are the issues which are more discussed by the scholars of civil law, but some of them are not very clear on the definition. I believe that education as a special industry should receive greater attention in the legal norms. Due to the misleading concept of long-term administration, the adjustment of civil law of education contract has not been given sufficient attention. In the area of civil law, education contract is a tool which could protect the educational institutions and the educated; it can also promote the harmonious development of the relations between the educational institutions and the educated. With the title of research on several legal issues of education contract and in order to remove obstacles of the research on education , improve the civil law norms of education contract, the essay discusses the legal characteristics and nature of education contract ,the subject of education and the general procedures of education contract and the civil liability in details.The thesis is composed of three parts.In the first part, the thesis discusses basic theory including legal characteristics and legal nature. This thesis is based on the narrow sense of education contract, which are a civil agreement signed by educational institutions and the educated who agree that schools and other educational institutions provide specific education service to the educated and the educated pay a certain fee to educational institutions. As a special kind of civil law contract, education contract not only possesses the features of the common contract but also have its own characteristics which are the nonprofit purposes, the special subjects ,the intelligence of the object, the certain form, the complex performance standards and the special duty of breaching contract. The uniqueness of education contract calls for their special regulations. The debate over the legal nature of education contract is heated and there are three points about it ,the first one is that education contract is administrative contract, the second one is that education contract is civil law contract, and the last one is that education contract is both administrative contract and civil law contract. Although the second point and the last point have their own rational elements, they are still plagued with biases. I'm firmly convinced that it is appropriate to regard education contract as civil law contract. The reasons are as followings. On one hand, from the theory aspect, Education contract have the general characteristics of the common contract and civil law concept .On the other hand, regarding Education contract as the civil law contract is of great practical significance.The second part is focused on the subjects of education contract and the general procedure. Because the thesis is based on the narrow sense of education contract, one of the subjects is educational institution including schools which implement the educational activities and are approved by departments in charge of education and other educational institutions. The other subject is the educated. On this basis, I analyze and clarify characters of the subjects and a number of issues. Setting education contract is a process which means that the subjects reached a consensual through offer and promise with certain educational purposes. Because education contract is a special civil law contract, its setting procedure is more complex than common civil law contract and have more issues, I analyze the legal nature of each part of the education contract procedure and put the general procedure in good order.The third part deals with the civil responsibility of education contract, which is more important than other parts. Legal liability is the reasonable burden which means that the main parts of legal relationship should be punished by the authorities because of their breach of legal obligations. Responsibility is used to balance rights and obligations. The responsibility of education contract is primarily related to two kinds of responsibility which are non-fault liability in setting the contract and the responsibility of breaching the contract. Because the setting procedure of education contract is more complex than common civil law contract, the two subjects may not do every thing with no fault, and it is inevitable for the two subjects to breach the contract due to the special performance of the contract. This paper discusses the definitions of two kinds of responsibilities and lists the corresponding types, it also explain how to shoulder responsibilities. Analysis of these two responsibilities to a certain extent binds the two parties, promotes both of them exercise their rights and meet their obligations reasonably and legitimately. |
