The Legal Relationship Of Teachers And Students In The Public University Teaching

In various teacher's rights given by"teacher's law", There are only three kinds which involves handling the relationship between teacher and student."Carrying on the educational teaching activity, the right to launch the reform in education and teaching experiment", that means the right of teaching;"Guiding students' study and development, evaluating students' conduct and academic credits", that means the right of guide and the right of appraise. This text centers on three key elements of the legal relation(Main body, object and content), It have analyzed the relationship between teacher and student in the teaching activity of university under these three kinds of rights, and it thinks no matter the relationship between teacher and student under the teacher's teaching right, the relationship between teacher and student under teacher's guide right, or the relationship between teacher and student under teacher's appraisal right, Their essence is all relations are educated and being educated. This article thinks that in the relationship of educated and being educated between teacher and student, it exists two kinds of relationship from the characteristic,that is administration legal realtionship and civil legal relationship. And through the survey on the key elements of teacher's and students', It thinks both teachers' and students' rights and obligations have the attribute of unity in the teaching activity of the university, that is to say, some rights are obligations at the same time.