论教育培训机构的法律地位

Study on Legal Status of After-school Institutions

教育培训机构是实施社会教育权的载体,是由个人或民间机构投资举办的非学历教育机构,按照法定程序设立且具备法人资格:教育培训机构享有的权利属于社会教育权,是相对于国家公权的一种私权,其存在具有一定的法理基础。教育培训机构在民法中是“特殊企业法人”,其公益属性是其不同于一般企业法人的最显著的特征。在行政法中是“行政相对人”,与政府构成行政法律关系。

After-school institutions are non-degree educational organizations run by individuals or private businesses which are regarded as providers of social education right. They are set up according to legal procedures and have corporate capacity. In opposition to national public right, as a private right,the right of after-schools is part of social education right, which have clear legal theory basis. When it comes to legal status, after-schools are "special corporate legal entities" in civil law,whose non-profit nature is the most significant difference from other corporate legal entities.In administrative law, as administrative counterparts,they keep administrative legal relationship with government.