改革开放30年的教育法制建设

Construction of Educational Legal System in the 30 Years of Reform and Opening Up in China

改革开放30年来,我国制定了一批教育基本法律、单行法律、行政法规、地方性法规和政府规章,教育法体系的框架已初步建立,这是全面走上依法治教轨道的重要标志。由于教育法制建设是在社会转型大背景下进行的,因此,面对着前所未有的机遇和挑战,并引发一系列法律问题。深入理解教育活动的基本性质,准确把握教育改革的复杂性,是提升教育立法水准和改革决策质量的一个关键问题。当前,教育法制建设面临着双重任务:一方面,要继续完善教育法制,真正做到有法可依;另一方面,由于社会的变迁,原来制定的法律、法规中一些条文已经过时,或与变革中的新制度设计相抵触,应适时加以修订。

In the past 30 years of the reform and opening up, China has formulated a set of educational basic laws, separate laws, administrative rules, local rules and government regulations, and the framework of education act system has taken shape initially, which is the important sign to get on the track of ＂managing education by law＂. Since the construction of educational legal system was carried out under the background of social transition, it was facing the unprecedented opportunities and challenges, and series of legal problems arising therefrom. It is a key issue of upgrading the educational legislation standard and the reform decisions quality to deeply understand the basic nature of educational activities and precisely master the complexity of educational reform. Currently, the construction of educational legal system is facing dual task. On one hand, educational legal system still need to be improved continually so as to really live up to ＂rule by law＂; on the other hand, with the social transition, some of the previously formulated laws should be revised promptly since they have been out of date or against the new system design in the reform.