Economic Analysis on the Concept of Educational Property Right and Juristical Consideration on its Reality

Property right, which is the intersection of law and economics, has both similarities and differences between these two disciplines. There exists the same basis and condition of property right in material production field as that in the field of education, and educational property right is the secondary essential performance of property right. So the particularity of activity determines that it is essential to construct another concept of educational property right. According to guidance of the concept of property right in law and economics, we think educational property right is the reasonable tension unity of economic property right and legal property right, and educational property right is a bundle of rights as well as a set of power relationships in which education has abstract meaning. However, it requires certain conditions to make economic analysis of property right. So it is necessary to regulate educational property right in terms of educational property right allocation and protection of right after the allocation.