更新时间:2024-09-30
论教育法律救济形式及其功效
左崇良    作者信息&出版信息
Law-Related Education for Juveniles   ·   2024年9月30日   ·   2024年 第9期  
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This article introduces the legal system of education as a new form of regulation of educational behavior in modern society, and elaborates on the definition, nature, basic principles, and handling methods of education law. At the same time, the historical achievements of China's education rule of law construction since the founding of the People's Republic of China were reviewed, and the problems existing in the current education rule of law construction were pointed out, such as lagging legislative concepts, insufficient law enforcement efforts, and inconsistent judicial judgment standards. On this basis, it is necessary to conduct a forward-looking analysis of China's education rule of law based on national conditions in the context of the new era, and propose feasible strategies for promoting education administration, legislation, judiciary, and legal remedies.

1、 The adjustment object of the Education Law

Discussed the role of educational law in modern society and the social relationships it regulates. The Education Law realizes the planning, command, coordination, and control of education by the state through the legal system, which is a symbol of modernization in educational governance. The social relationships regulated by the Education Law include the relationships between schools and administrative agencies, faculty and staff, students, society, and teachers and students. These relationships can be divided into educational administrative relationships and educational civil relationships. The Chinese Education Law mainly regulates the relationship between education administration and has the characteristics of administrative law, but the sanction methods for illegal activities have their own particularities. The complexity and diversity of educational legal relationships stem from the particularity of educational law and the diversity of educational subjects, mainly divided into educational administrative legal relationships, educational civil legal relationships, and educational constitutional legal relationships. Educational administrative legal relationships involve vertical relationships in the field of education, educational civil legal relationships involve property and personal relationships between equal subjects, while educational constitutional legal relationships involve the rights and obligations of the state, society, and citizens in the field of education. The corresponding relief systems for these relationships include educational appeals, administrative reconsideration, administrative litigation, administrative compensation, mediation system, civil litigation, non litigation procedural review system, and constitutional litigation system.

2、 Interpretation of Legal Remedies

Discussed the definition, role, and characteristics of legal remedies. Legal remedies are a means of correcting improper behavior and compensating for losses, provided that the primary rights are infringed upon. Legal remedies have rights and are secondary rights attached to primary rights. They have compensatory nature and aim to restore the original state of rights or compensate for damages. Modern law provides remedies and procedures for rights.

3、 The role of legal remedies in the field of education

The importance of legal remedies in the field of education was emphasized, including safeguarding the legitimate rights of schools and their teachers and students, as well as supervising the government's rule of law in education. The right and obligation to education are the core of educational law, involving the right to education and teaching, academic freedom, social education, family education, and so on. The right to education includes students' right to learn, freedom of learning, and protection of human rights. The power of educational punishment plays an important role in the management of higher education. The legal relief system aims to protect the legitimate rights of citizens and organizations, regulate and supervise administrative power. Schools and their teachers and students can file administrative reviews or lawsuits against administrative agencies for illegal or abusive behavior, achieving post supervision.

4、 Legal remedies and their application in the field of education

Educational legal remedies are a legal system that protects the legitimate rights and interests of educational legal entities, including two main methods: administrative remedies and civil remedies. Administrative remedies aim to correct illegal or improper administrative actions and compensate for the damages caused by administrative actions, including internal and external administrative remedies. Civil remedies are aimed at acts of infringement between citizens or organizations, usually achieved through civil litigation. In the field of education, schools, teachers, and students can use administrative reconsideration, administrative litigation, and civil remedies to safeguard their rights and interests. However, under the current education legislation model, the legal remedies for education lack systematic connection, overlapping functions between systems, and legal gaps, making it difficult to fully protect the right to education and the right to receive education. Therefore, to improve the legal relief system for education, it is necessary to consider the comprehensiveness, professionalism, school autonomy, and educational ethics of educational legal relationships, achieve the coordination of public and private law, entity and procedural remedies, form a systematic connection and supporting system, and comprehensively protect the right to education. Teachers and students can use various remedies such as administrative relief, civil relief, teacher appeal system, and student appeal system to safeguard their own rights and interests. The system of teacher appeal and student appeal is a unique relief system in the field of education, specially established by educational laws and regulations. It is significantly different from the internal administrative relief and administrative reconsideration system, with "soft law" characteristics and relatively relaxed procedures.

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