Journal of East China Normal University(Educational Sciences) ›› 2021, Vol. 39 ›› Issue (1): 59-68.doi: 10.16382/j.cnki.1000-5560.2021.01.005

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From Right to Status: Legal Retrospection and Rights Protection of Students’ Legal Status

Peng Chen, Junyan Wang   

  1. School of Education, Shaanxi Normal University, Xi’an 710062, China
  • Online:2021-01-20 Published:2021-01-18

Abstract:

The legal status of students is a basic theoretical issue in the study of educational law and a major practical issue in the process of educational law in China. Students’ rights and obligations are the embodiment of students’ legal status. Based on the current education law on student rights and obligations, the legal status of students can be summarized as a special civil subject in civil law and a special administrative counterpart in administrative law. At present, the students’ right to education is deficient in litigation, procedures and justice. Therefore, it is necessary to bring the relief of the right to education into administrative and judicial review, to provide comprehensive relief to the rights of students, to take into account both substantive rights and procedural rights, and to guarantee the realization of the right to education of students according to law.

Key words: students’ legal status, rights and obligations, rights remedy