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Study on the Legal Relationship of Graduate Education Management in Medical Colleges

Author: LiDing
Tutor: ZhangZhongZhi
School: China Medical University
Course: Social Medicine and Health Management
Keywords: Medical Postgraduates Education Management Legal relationship
CLC: G643
Type: Master's thesis
Year: 2009
Downloads: 54
Quote: 0
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Abstract


With the development of China's legal construction, enhanced citizens' awareness of the law, higher education management system reform and the expansion of graduate school, graduate educational institutions and instructors, graduate, discipline and training team and mentor, tutor between students, between school management and degree-granting medical industry-specific graduate study between patients and many other aspects, the gradual emergence of a number of existing laws and regulations to explain the clear legal confusion, the increasing number of legal disputes. The fundamental reason for this situation of educational management in legal construction is still unsatisfactory. In related research, more hot spots, to discuss reports from the legal relationship level, the legal significance of the issues related to education management and the legal basis for the relative lack of. However, some specific issues involved in the process of education management rights of the parties obligations and legal sense, it is the education and management of the rule of law the most essential and most direct objective basis. In this study, the University Medical management of graduate education, for example, the legal relationship between the parties to start explore and sort out the relevant education management process management behavior, analyze the issues related to the legal significance of the study of Graduate Education Management, the legal basis and the legal system the status quo. This study first medical degree and graduate education management, legal issues and domestic scholars existing research results, analysis, results suggest that our medical graduate education management involves legal issues in the legal relationship is the relationship between the executive and the law. The result of the study of China's medical degree and graduate education management on the side of some of the existing practical problems, focus on the different aspects of the management of graduate education school legal status and legal relationship attribute analysis from different levels to explore these the legal significance of the issues behind; distinguish the relationship between administrative law and civil legal relationship attribute, to further clarify the Medical Graduate Education in China manage the legal issues involved in the legal relationship is the relationship between the executive and the law. Finally administrative legal issues that exist in our medical degree graduate education management process analysis, based on the current legislation and judicial practice, in Graduate Education Management in the framework of the relationship between administrative law and legal system provides a comprehensive comb. By the analysis results, this study suggests that: in Graduate Education Management process, involving legal relationship is the relationship between the executive and the law. According to the relevant laws of Higher Education Administration analysis of the relationship between administrative law framework, the study of Higher Education Administration legal construction status divided into four cases, namely: the relationship between administrative law and legal system has been perfected, has begun construction but not yet perfect, there are some not yet begun construction, more administrative legal relationship between the parties to the legal status of some of the issues remain disputed, is yet to be clear. In view of this, the different situations presented to strengthen law enforcement, stepping up the improvement, accelerate the construction, accelerate the relevant recommendations of the study. Medical graduate education management issues related to the legal relationship was discussed in order for these issues in accordance with the law and / or legislative solution to provide a reference, a legal basis to continue to improve and accelerate the construction of higher education management, the law must be strictly enforced, violators are prosecuted and the rule of law management system to provide a reference, so as to promote the long-term scientific development of China's medical degree and post-graduate education in management principles in accordance with the law.

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