Compulsory Contracting Issues On Education Contract

Compulsory contracting is to make up for the shortcomings of free competition in the market,and to set more restrictions on civil subjects that have an advantage in economic communication to protect the private rights and interests of the other party,so as to achieve the substantive justice requirements of freedom of contract,therefore,it is widely used in public services such as energy supply,transportation and telecommunications,and health care,but there are few provisions on compulsory contracting in public areas where there is a clear division between the strong and the weak,such as the education market,its good system function also has no room to display.In view of the frequent hot issues concerning the protection of the rights and interests of the educatees in recent years,the related disputes on educational issues should be divided into rights and obligations,as well as the determination and distribution of responsibilities through the rules of contract law,has gradually become the academic consensus and the existence of a number of basic research.By analyzing the education relationship at all stages,the educational relationship is determined as a civil contract relationship,and the compulsory contracting system is applied to the education contract.Not only can the Contract Law rules be used to establish and improve the current system of education and breaks the imbalance of educational resources between and within regions,but helps to clarify the scope and conditions of the mandatory contracting system in the field of education contracts,effectively protect the legal rights and interests of educated people,and reasonably define the responsibilities of mandatory contracting for education contracts.Nature and commitment methods,thereby optimizing the benign allocation of educational resources,standardizing civil activities in education,unifying relevant judicial decisions,and ultimately effectively responding to and resolving increasingly diverse educational disputes.