图书馆罚款的法律探讨

A Study on Library Penalty from the View of Law Science

图书馆罚款具有合理性,是图书管理的必要手段,但是,根据我国现行法律,图书馆罚款没有法律依据,不具有合法性。在图书馆罚款中,图书馆与读者的关系不是合同关系,而是一种管理关系,因此,不能把罚款改为违约金。我国法律应当赋予图书馆罚款权。

Library penalty is reasonable because it is a necessary way for library administration. However, according to existing relative law of China, library penalty is illegal. In library penalty, the relationship between library and reader is a kind of relationship of administration and not the relationship of contract; therefore, we can not change from penalty to money for breath of faith. It is necessary for library to be entitled by law to impose a fine to the reader who disobey the rules seriously.