幼儿教师与在园幼儿法律关系之法理重塑

Jurisprudence Reconstruction of Legal Relationship Between Preschool Teacher and Children in Kindergarten

幼儿教师与在园幼儿的法律关系分别在教育学理论和法学理论上存在诸多争议。这些争议虽然有益,但大都难以自圆其说。文章主张将幼儿教师与在园幼儿法律关系定性为施惠型社会行政法律关系,并在此基础上从法理、法律体系、法律关系内涵等角度进行理论重塑。

There are a lot of controversies on the legal relationship between preschool teacher and children in kindergarlen about the pedagogy and jurisprudence. Although these disputes are useful, most of them are difficult to be justified. This article argues that the legal relationship between the preschool teachers and children in garden is characterized as the social administrative law of beneficial type, on which the theory is based to be reconstructed from the perspective of jurisprudence, legal system, the connotation of legal relation and so on.