The Civil Law Regulation and Judgmental Approach Conerning Enrollment Requests——An Analysis Based on 223 Judgments
Improper requests for enrolment distort the normal comp etition mechanism,violate fairness in enrolment and education,and impede the construction of a government and society based on the rule of law.In the current trial practice,there are difficulties in determining the scope of the civil lawsuit,the civil legal relationship,and the sharing of costs,which hinders the unity of the legal and social effects of the judicial decision.Disputes over enrollment requests should be regulated and adjusted by civil law and should be recognized as entrustment contract relationships.The validity of the entrustment contract should be judged according to the substantive situation of the activities of enrollment requests,and should not be invalidated in each case.When dealing with fees,a proper allocation should be made based on the validity of the entrustment contract,the degree of completion of the entrusted matter,and the destination of the fees,and the interests of all parties should be properly balanced based on a negative evaluation of improper entrustment,so as to deal with the relationship between a society governed by the rule of law and a society governed by human kindness through the means of the rule of law.
enrollment requestsentrustment contractcivil law regulationpublic order and moralitycost-sharing
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