关键词: 中小学, 学校法律地位, 教育法, 法人, 行政相对人

Abstract:

The definition of the legal status of the school is the basic premise for studying the internal construction and external relations of the school. From the current judicial practice, the legal status of colleges and universities is getting clearer, but the legal status of primary and secondary schools is still to be explored, which is worth paying attention to. The legal status of primary and secondary schools in China can be divided into civil legal status and administrative legal status. According to the current legal norms of China, its definition needs to be dealt with in a diversified way according to different types of primary and secondary schools. In terms of civil legal status, public primary and secondary schools in China do not have the status of independent legal person, while private primary and secondary schools have the status of legal person. As far as administrative legal status is concerned, primary and secondary schools may be administrative counterparts or internal subsidiary in their relations with administrative organs, and may have the legal status of administrative subjects when evaluating teachers' positions and discharging students from non-compulsory education.

Key words: primary and secondary schools, legal status, education law, legal person, administrative counterpart