On the Concept of Educational Legal Responsibility in the Compilation of the Education Code
Educational legal responsibility is a core concept in the compilation of the Education Code.There are three problems with the current concept of educa-tional legal responsibility.Firstly,the relationship between educational legal re-sponsibility and general legal responsibility is unclear.Secondly,the concept of educational legal responsibility and obligation is confused.Thirdly,the concept itself has a strong nationalist color.The complexity of educational activities and the obligation dependence of traditional legal liability theories are the dual reasons for the above problems.Therefore,the attribute of education should be established as the essential feature of educational legal responsibility,and at the same time,by referencing the legal responsibility theory based on rights,the ed-ucational legal responsibility should be defined as"the basis for a certain educa-tional subject to bear adverse consequences due to specific legal facts related to educational activities".Establishing the concept of educational legal responsibility on the basis of educational attributes and rights can not only strengthen the inde-pendence of the concept itself,but also better align with the legislative value of the Education Code,thereby enhancing the systematic nature of the Code.In the arrangement of the style of the Education Code,legislators should establish a spe-cial chapter on education legal responsibility in the General Provisions section,while taking the education subject as the"main line"of responsibility content;At the same time,the legal responsibilities of each education subject should be deter-mined separately by adopting legislative techniques that extract common factors.
Educational Legal ResponsibilityEducational ResponsibilityEducation CodeEducation Subjectthe Standard of Right