当代教育合同的四性探微

教育合同具有服务性、契约性、商事性和公益性特征。当代教育正由管教型向服务性转化。契约贯穿于教育关系的各个方面和环节。当代教育在某些方面、某个环节具有商事性。公益性是教育机构行业有别于企业组织的根本性特点,是一个重要的事实和法律问题。教育合同通过四个特点的内在机制设计,完全可以实现共生、兼容而成为一个自足共同体,从而推动当代教育蓬勃发展,并最终为科技进步和人才培养发挥积极有效的作用。

A Probe into Four Characters in Contemporary-Education Contract

Educational contract is characterized by service, contract, commer ce and public interest. Contemporary education is changing from the administrative way to the service way. The contractual character impenetrates all the aspects and links of educational relation. There exist the commercial character in an as pect or a link of contemporary education. The public-interest character is a fu ndamental characteristic that distinguishes the educational institution from oth er trades, and an important fact and a legal problem as well. The educational co ntract is established by the inner mechanism with four characters, and the inter growth and the compatibility can be fully realized so that a self-sufficiency c ommunity can be formed, which can promote the vigorous development of contempora ry education and eventually gives active play to the progress in science &techn ology and the development of talent.