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Research On Education Contract

Posted on:2011-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:X H HeFull Text:PDF
GTID:2166360308969004Subject:Law
Abstract/Summary:PDF Full Text Request
As China's economic system reform deepening education reform and the pace of education, the contract is gradually from the bud is widely used to develop education in between. According to the contract, the relevant theoretical analysis of education institutions and pedagogue is liberty, equality between the exchange relationship, education is the contract with the consumer service. Education is the contract, but has the subject in civil contract and educational purpose,content,subjectthe nonprofit invisibility and intelligent, etc. Education in the formation of the contract of education stage, meaning the contracting elements include agreed two elements, the education of the contracting contract appointment contract concluded the process can be divided into two of the contract and concluded. Education is an appointment contracts issued by education institutions of information, commitment to specific pedagogue is education institutions for the education information to register or enter oneself for an examination organization behavior, Education is the contract offer education institution to specific issue educatees admitted the act, or admission acceptance is required to report pedagogue's behavior. At present, the contract of education process of education organization with independent rights violations recruit students'legitimate rights and interests in education, should be introduced in the contract of forced contracting system safeguard the lawful rights and interests of the students. In the process of education, the termination of the contract in accordance with statutory conditions can be divided according to the agreed terms and conditions, and to remove two education institutions in education in accordance with the contract conditions prescribed punishment student expelled easily when enroach on students' lawful rights and interests of contract system should be introduced and format with the termination of the contract system applicable to protect the lawful rights and interests of the students. Education major civil liability according to the contract, the contract is formed after the establishment of the former, effect, after the effective, performed before and after the performance can be divided into different stages of fault liability and responsibility of breach of contract and actual expected, but with responsibility of breach of contract provisions of disclaimer parties may not undertake contract responsibility.
Keywords/Search Tags:Education Contract, Legal nature, Elements, Civil liability, Rights of students
PDF Full Text Request
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