高校有偿助学的法律性质及规制

高校有偿助学是一种新兴的助学方式。就其法律性质而言,它是一种民事合同关系,且是一种有先后履行顺序的双务合同关系。它与合同法所规定的有名合同不同,是一种无名合同。针对其法律性质和特殊的社会作用,从合同当事人资格、合同方式两方面建立高校有偿助学的法律规制,并贯彻诚信原则以保证高校有偿助学的有效实施。

Legal nature and structure of providing financial support to students with recompense in universities

Providing financial support to students with recompense in universities is a new way of helping students with financial problems. Its legal nature is a kind of civil contact relation and a kind of mutual onerous contract with order of performance. This contract is different from other contracts with names prescribed in Contract Law, it is a kind of nameless contract. It should be established in consideration of its legal nature and special social functions, as well as the qualification of contracting parties, ways of the contract so as to guarantee its effective implementation.