论学校与未成年学生之间的法律关系

明确学校与未成年学生之间的关系是解决未成年学生校园伤害事故责任承担问题差异化处理这一问题的关键所在。目前在理论界主要存在四种观点:监护说、合同关系说、教育行政关系说、教育管理保护关系说。其中,监护说缺少法律依据,因此难以立足。合同关系说忽略了学校公益性质和教育事业的本质,因而未能揭示学生与学校之间的本质关系。

On the Legal Relationship between School and Minor Students

Aclear relationship between the school and theminor students is the key to dealwith this issues that solving the differentiated treatment about responsibility assumption of the campus accident cases for the minor students. At present,mainly have four viewpoints in academia： the guardianship theory; the contractual relationship theory; the educational administrative relationship theory; the education,administration and protection relationship theory. Among them,the guardianship theory lacks the legal basis,therefore bases with difficulty. The contractual relationship theory has neglected the nature of the public welfare and educational undertakings of the school,which thus has not been able to promulgate the essential relationship between the student and the school. The educational administrative relationship theory over emphasized the administrative nature in the process of school management and neglects the other functions of the school,thus also was not comprehensive.While the education,administration and protection relationship theory has the deep legal foundation,and appearsby the legal voluntary status,thus has overcome one-sidedness of the other viewpoints,which may preferably coordinate the interest relationship between the school and the students.