读者与图书馆关系的法律适用分析

An Analysis of Legal Application of the relationship between Readers and Libraries

读者行使使用图书资料权时与图书馆结成的关系是管理与被管理、教育与被教育的关系。图书馆行使的管理权、教育权 是行政管理权,而不是民事权利。图书馆与读者的关系不是平等的民事法律关系,不是消费法所调整的法律关系。

This article is directed against the popular view that readers are consumers in the field of library science. It starts with the power of the library management and then puts forward that the relationship between libraries and readers doesn' t relate to civil law. Their relationship is that of administration and customers, educators and educatees. The service of the library isn't the adjustable range of the consumer law. Readers aren't consumers. The relationship between readers and libraries has nothing to do with the relationship adjusted by consumer law.