我国学生校外托管法律规制研究

发布时间：2018-11-09 11:48

【摘要】：在我国很多城市,针对中小学生的校外托管机构大量涌现。这些机构给中小学生及其家长提供了诸多便利,学生校外托管弥补了学校和家长对学生管理上的空缺点,而且也促进了社会就业,所以对学校、学生和家长、社会都有着十分积极的意义。学生校外托管中涉及的法律关系主要在学生一方和托管经营者之间、托管机构和监管部门之间存在,我们要针对学生托管中的法律关系的特点对其进行有效的法律规制。此外,我国学生校外托管法律规制的现状可以从立法、执法、司法三个方面进行分析。目前我国还没有就校外托管问题制定有针对性的政策,当然更没有专门的法律法规来规制校外托管机构。进行相关的立法活动,是当下解决学生校外托管问题的重点。从细节上看,学生校外托管活动过程中存在诸如市场门槛低、恶性竞争严重;管理不科学、存在安全隐患;饮食安全无标准;辅导老师资质存疑等一些普遍性较强而又很难解决的问题,可能会在家长和托管经营者、学生和托管经营者之间甚至是学校和托管经营者之间存在。此外,我国学生校外托管法律规制面临的问题不仅包括全国立法缺失、地方立法的不足还包括执法监督不力、纠纷解决机制不完善等方面。所以除了立法方面的完善之外,我国还应当使多部门相协调,提高执法水平;完善纠纷解决方式,诉讼和调解协商并举。除了以上措施之外,欧美国家的相关经验诸如从社会公益角度对学生校外托管进行法律规制、制定专门的学生校外托管的法律法规、提高立法司法水平等,也是值得我国借鉴和学习的。总之,我们要采取有效、有力的法律手段对学生校外托管问题进行规制,建立良好的托管秩序,最大限度地保护学生的合法权益,促进社会和谐。
[Abstract]:In many cities of our country, outside-school trusteeship institutions for primary and middle school students have sprung up in large numbers. These institutions provide many facilities for primary and secondary school students and their parents. The out-of-school trusteeship of students makes up for the gap in the management of students in schools and parents, and also promotes social employment, so for schools, students and parents, Society has a very positive significance. The legal relationship involved in the student's outside trusteeship mainly exists between the student side and the trusteeship operator, and between the trusteeship institution and the supervision department. We should effectively regulate the legal relationship in accordance with the characteristics of the legal relationship in the student trusteeship. In addition, the present situation of the legal regulation of student outside school trusteeship in China can be analyzed from three aspects: legislation, law enforcement and judicature. At present, China has not made a targeted policy on the issue of out-of-school trusteeship, and of course, there are no special laws and regulations to regulate the out-of-school trusteeship institutions. Carry on the relevant legislation activity, it is the focal point that solves the student outside school trusteeship problem at present. In detail, there are some problems such as low threshold of market, serious vicious competition, unscientific management, hidden danger of safety, no standard for food safety, and no standard for food safety in the process of students' out-of-school trusteeship. Some common and difficult problems, such as teachers' qualification doubt, may exist between parents and trusteeship operators, students and trusteeship operators, and even between schools and trusteeship operators. In addition, the legal regulation of students' out-of-school trusteeship in our country faces not only the lack of national legislation, but also the insufficiency of local legislation, including the weak supervision of law enforcement and the imperfect dispute resolution mechanism. Therefore, in addition to the improvement of legislation, our country should also make multi-sector coordination, improve the level of law enforcement; improve the dispute resolution, litigation and mediation consultations at the same time. In addition to the above measures, the relevant experiences of European and American countries, such as the legal regulation of students' out-of-school trusteeship from the perspective of social welfare, the formulation of special laws and regulations for students' out-of-school trusteeship, and the improvement of legislative and judicial standards, etc. Also is worth our country to draw lessons from and learn from. In a word, we should take effective and effective legal means to regulate the trusteeship of students outside school, establish a good trust order, protect the legitimate rights and interests of students to the maximum extent, and promote social harmony.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.16

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