义务教育阶段公立中小学是政府的下属机构,这是客观存在的事实。经费上靠政府的拨款,在人事方面受到政府的制约甚至是直接的控制,只是在课程与教学管理上有一些自主权,义务教育阶段公立中小学的法律特征在于它们不是行政权力主体,而是政府委托的教育机构。义务教育阶段公立中小学的法律地位具有双重性。它们在涉及民事纠纷时,既可以由教育主管部门代为诉讼,也可以以民事主体的身份参与诉讼。但同时须服从行政法、教育法等公法的管辖。 The public primary and secondary schools in the compulsory education stage are subordinate organs of the government. This is an objective reality. Funding rely on the government funding, government personnel constraints or even direct control, but in the curriculum and teaching management has some autonomy, compulsory education in public primary and secondary legal characteristics is that they are not the main body of administrative power, but rather Government-commissioned educational institutions. The legal status of public primary and secondary schools during the compulsory education period is doubled. When they involve civil disputes, they can either take the lawsuit as the competent department of education or they can take part in the lawsuit as a civil subject. But at the same time subject to administrative law, education law and other public law jurisdiction.