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学校在教育教学过程中,与学生形成了教育法律关系、行政法律关系和民事法律关系。法律关系产生于整个教育教学过程当中,互相联系不可分割,统称为教育行政契约法律关系。以教育行政契约法律关系为视角解决学校与学生间的法律纠纷,平衡教育权力与受教育权利之间的张力,维护教育教学秩序,实现教育目标。
In the process of education and teaching, the school has formed the educational legal relationship, the administrative legal relationship and the civil legal relationship with the students. The legal relationship arises from the entire process of education and teaching, and is inextricably linked with each other, collectively referred to as the legal relationship of education administrative contract. To resolve the legal disputes between schools and students from the perspective of the legal relationship of education administrative contract, to balance the tension between educational rights and educational rights, to maintain the order of education and teaching, and to achieve the educational goals.