论文部分内容阅读
一、问题的提出教育行政管理中主要存在着以下几种管理关系:一是各级政府及其教育主管部门与作为管理对象的学校、教师和学生的管理关系;二是学校的管理方与教师、学生之间的管理关系;三是教师与学生之间的管理关系。第一种关系中,管理方拥有国家行政权力,容易对被管理方造成侵权,这个容易理解;而第二种关系中,学校作为管理方,但并非拥有国家权力,却也屡屡出现对师生权利侵犯的案件。我们不禁要问,难道学校也有强制性的行政权力?教师对学生呢?也是如此?本文以“非国家权力”的概念出发,用以研究教育管理活动中存在的侵权行为,最后
First, the question raised There are mainly the following administrative relations in the management of the management of the relationship: First, governments at all levels and their education authorities and management as the object of the school, teachers and students in the management relations; the second is the school management and teachers , Management relations between students; third is the management relationship between teachers and students. The first relationship, the management side has the state administrative power, easily infringed on the managed side, this is easy to understand; and the second relationship, the school as a management side, but not with state power, but also often appear to teachers and students Cases of violations of rights. We can not help but ask whether schools also have mandatory administrative power? Teachers do the same for students? This article starts with the concept of “non-state power” to study the infringement in educational management activities. Finally,