论教育法律法规的地位与适用标准

The Position and the Applying Standards of Educational Laws and Regulations

本文通过解析教育领域内的社会关系的性质,并对相关的问题进行反思,对教育法律法规的地位和适用问题进行了研究,认为教育关系总的可以分为教育民事关系和教育行政关系,现实中出现的许多涉及教育的矛盾和纠纷可以在现行的法律框架内找到合适地解决方案,但是最终的解决和政府在教育领域内的角色转化有密不可分的关系。

This article, by analyzing the nature of the social relationship in the field of education and re - thinking about the relative problems, has studied the position of educational laws and regulations and the problems of their application. The author thinks the education relationship can generally be divided into educational civil relationship and educational administrative relationship and the educational contradictions conflicts in reality can be appropriately solved in the frame of the current laws but its final resolution has much to do with the transformation of government＇s role in the field of education.