Interpretation Of School Law Issues. Manage The School

Manging the state according to law is a basic principle used by the communist party in china. Managing the school according to law is its reflection. Knowing the law about education is the presupposition.During to manage the school according to law,school would make different legal relations with different part. Their have different characteristics and different ways to solve. The legal relations about school consist of administrative legal relation,civil legal relation,criminal legal relation and labor legal relation.Ⅰ the legal position of school make it become a independent operating legal corporate person that enjoy right and assume duty according to law. As a part for public good,the school have sovereignty and independent property. The legal position of school is reflected by it's legal right and duty.Ⅱ school makes different administrative legal relations with different administrative bady,those relations have the characteristics that one-fixed-body;unequality and legal-right-and-duty. School could defend it's right by administrative reconsidition and administrative lawsuit.Ⅲ it is complicated of civil legal relations which have equality about school. It is the key that wether the school has the duty to act as guardian of the children. Including to the law,the school has no duty to act as guardian of the children,but it will bear the faultive duty. The way to pretect school' scivil right including to consultion,mediation and civil lawsuit.Ⅳ criminal law has the characteristics of obligatory and classity. The result of violating the criminal law is commit offense and penalty. Penalty of administrative person and school are tow kinds penalty about school. Penalty has bigger harmfulness,school must prevent penalty.Ⅴ labor legal relation is made up by school and faculty which have the characteristics of personal and equal. Conclude a labor contract must be abided by the law. Labor dispute can be solved by consultion;mediation;arbitration and lawsuit.