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Study On The Strategies Of Legal Dispute Of Educational Training

Posted on:2017-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y J HuangFull Text:PDF
GTID:2296330503483103Subject:Educational Law
Abstract/Summary:PDF Full Text Request
Educational training is now the hot topic, in the proportion of market share than increasing day by day, more and more of the public in various ways(including the creation of educational training institutions, to participate in educational training, etc.) to join into the educational training in the ranks to. With the contact on the educational training of the public has become more in-depth, with public legal consciousness is more and more intense, level of disputes of educational training will be more and more. This is not only because of the problems of public participation, or level of educational training of law regulation lack. Study on the strategies of legal dispute of educational training is of non academic education level due to conflict with the rights and obligations to subject behavior and phase on the relationship between the imbalance, and ultimately achieve balanced again. But the fact is, at present, there is no a accurate solution mechanism can fit in one or a kind of legal disputes of educational training, the research of academic is also very limited. The thesis tries through legal disputes of the educational training of the case review, on the basis of, analysis of the as the cause of the legal disputes of educational training and the outbreak of the point, and then take some with according to the measures, to compensate for the lack of existing study on the strategies of legal dispute of educational training, also for similar research provide some reference.First of all, the paper defined the educational training, legal disputes, educational legal disputes, the legal disputes of educational training and other core concepts, and uses the case analysis method, text analysis method, from the main dispute, types of disputes, disputes specific behavior to solve four aspects to discuss the characteristics of education and training of legal dispute case, the types of disputes mainly covers disputes over the right of personality, contract disputes, unjust enrichment dispute, unfair competition disputes, personnel dispute, dispute over the liability for tort of eleven types. On the basis of the analysis of the characteristics, from educational training machine structure, consumers, market education and training, social, five aspects of policies and regulations were educational training attribution analysis of legal disputes. Finally, from the perspective of education and training of the legal disputes to deal with the policy recommendations to improve the measures.Through the study found: the legal disputes of educational training is refers to between the legal relationship of education for non academic education and the formation of the behavior main body and the relative person because of the conflict of rights and obligations caused legitimate interests have been infringed, causing the can or should be included within the legal framework or legal procedure to solve the dispute. The legal disputes of educational training with the main dispute dominated by disputes between training institutions and consumers, the dispute type is dominated by the educational training of the contract disputes, disputes specific acts of breach of contract to the main, closed decision oriented approach to the four characteristics. And the outbreak of the educational training of legal disputes due to contradictions, both non-profit and educational training institutions And legal knowledge of consumers lack of awareness of their rights and growth is contradictory, the educational training market scale expands conflict and authority supervision ineffective, training social dependence and training non universal contradictions, legal system is not complete and the education and training market is in urgent need of regulating the contradiction between five. Thus, strategies for coping with the legal disputes of educational training is divided into two levels, one is prevention strategies, including clear educational training institutions in the "last name", universal civil basic legal knowledge, clear government authority management authority, perfect legal guarantee system for educational training market; the second is solving strategy, including the specification of non litigation clear litigation solution.
Keywords/Search Tags:Educational training, Legal dispute, Features, Causes, Strategies
PDF Full Text Request
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