2006•The Journal of Higher EducationRequires access

On the legal relationship between higher institution and college students in China

Zhu Meng-qiang

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Abstract

Both the higher educational institutions and students are the comprehensive bodies with many roles.To make clear of a legal relationship between students and institutions,we should first make clear what kind of roles of them to form the legal relationship.Generally speaking,as an instructing and teaching organization,higher institution becomes a civil body,and makes a civil legal relationship with students for instructing and teaching activities.As a law and rule authorizing organization,higher institution becomes an administrative body,and makes an administrative legal relationship with students.As the spokesman of the common benefits and order of school and students,higher institution becomes collective legal person,and makes a special power relationship.

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What this paper is about

Both the higher educational institutions and students are the comprehensive bodies with many roles.To make clear of a legal relationship between students and institutions,we should first make clear what kind of roles of them to form the legal relationship.Generally speaking,as an instructing and teaching organization,higher institution becomes a civil body,and makes a civil legal relationship with students for instructing and teaching activities.As a law and rule authorizing organization,higher institution becomes an administrative body,and makes an administrative legal relationship with students.As the spokesman of the common benefits and order of school and students,higher institution becomes collective legal person,and makes a special power relationship.

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Available abstract

Both the higher educational institutions and students are the comprehensive bodies with many roles.To make clear of a legal relationship between students and institutions,we should first make clear what kind of roles of them to form the legal relationship.Generally speaking,as an instructing and teaching organization,higher institution becomes a civil body,and makes a civil legal relationship with students for instructing and teaching activities.As a law and rule authorizing organization,higher institution becomes an administrative body,and makes an administrative legal relationship with students.As the spokesman of the common benefits and order of school and students,higher institution becomes collective legal person,and makes a special power relationship.

Key concepts: Institution, China, Power (physics), Higher education, Order (exchange), Educational institution, Legal education, Political science

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