论教育法律责任的基本范畴

The Basic Scope of Legal Responsibility in Education

厘清教育法律责任的基本范畴,是推进我国教育法治建设、落实依法治教的基础性前提。既有的从一般法律责任出发,认定教育法律责任系教育法所规定的法律责任的观点在理论和逻辑上存在固有局限,无法完整地展示教育法律责任的本质属性。事实上,界定教育法律责任的基本范畴,应将教育责任作为逻辑起点。教育法律责任是一种"类型责任",它源于教育责任,是构成教育责任整体的具体类型。同时,教育法律责任也是一种"领域责任",它平行于其他社会领域中的法律责任,是嵌合在教育领域的法律责任。教育法律责任的承担主体和追究主体具有多元性,教育法律责任并非独立的法律责任形式,但具有综合性的责任承担方式。基于教育法律责任之于我国教育现代化的重要意义和特殊作用,必须认真对待教育法律责任,不断深化教育法律责任的学理研究,持续完善教育法律责任的立法设计。

To clarify the basic scope of legal responsibility in education is a fundamental prerequisite for promoting the construction of the Rule of Law in education and implementing the rule of administrating education under the law in China.The existing view that educational legal responsibility is the legal responsibility stipulated in education law from the general legal responsibility has inherent limitations in theory and logic,and cannot fully demonstrate the essential attributes of educational legal responsibility.In fact,to define the basic scope of educational legal responsibility,educational responsibility should be taken as the logical starting point.Educational legal responsibility is a kind of"type responsibility",which originates from educational responsibility and is a specific type that constitutes the whole educational responsibility.In fact,to define the basic scope of educational legal responsibility,educational responsibility should be taken as the logical starting point.Educational legal responsibility is a kind of"type of responsibility",which originates from educational responsibility and is a specific type that constitutes the whole educational responsibility.At the same time,educational legal responsibility is also a kind of"domain responsibility",which is parallel to the legal responsibility in other social fields and is embedded in the field of education.It is not an independent form of legal responsibility,but has a comprehensive way of responsibility.Based on the importance and the special role of education legal responsibility in China’s education modernization,it is necessary to further research on educational legal responsibility and continuously improve the legislative design of educational legal responsibility.