教育合同法律属性探析

教育合同不属于行政合同的范畴。它除具有合同主体地位平等、合同的成立须当事人双方合意等一般民事合同的特点外,还具有主体的特定性、客体的教育性、目的的非盈利性、形式的附和性、合同的继续性、合同履行标准的复杂性、合同的双务、有偿性、合同的诺成、不要式性等自身特有的法律属性。

Analysis on Legal Character ofEducational Contract

The educational contract does not belong to the category of the administration contract. Beside the subjects are equal, establishments must have been desirable both sides etc., the characters which the general civil contracts have, it has specific quality of the subjects, education quality of the objects, non-commercial purposes, echo nature forms, the continuation of contract, the complexity standard of the contract's fulfill, the pairs of affair, paid quality, the promise of the contract and unformed quality which are peculiar characters of it.