Analysis on Legal Relation of Students' Recessive Drain
XU Wei(Radio and TV University of Shenzhen city,Shenzhen, Guangdong 518034,China)
The recessive drain"resulted from bringing all kinds pressure to bear on students and their parents by school is a widespread phenomenon in the process of popularizing nine year-compulsory education. At the angle of legal relation, its essence results from the obligors infringing and depriving obligees' rights receiving and accomplishing nine year-compulsory education among the legal relation of nine year-compulsory education and our law criterion of education being encroached on. At the aspect of subjectivity, "the recessive drain" includes two kinds of irregularity: one is subjective and intentional irregularity, the other is subjective negligence irregularity. Insuring the school's and the government's obligor status should become the keys of controlling "the recessive drain".