教育法治进程中的教育法律救济研究:回顾与展望

The Study of Legal Remedy in Education with the Development of the Rule of Law in Education:Review and Prospect

改革开放以来,教育法律救济研究历经了教育法律救济制度的建立与相关法理阐释研究的初步开展、教育法律救济的实践行动与相关学术争鸣的形成和繁荣、走向法治深处的教育法律救济与相关学理研究的深化和求新三个发展阶段,并为教育法治发展做出了系统论证受教育权的可诉性,聚焦高校学生管理纠纷的司法介入,争鸣教育申诉法理问题,探索调解、教育仲裁与教育公益诉讼制度等理论贡献。未来的研究应回应现实挑战,解决教育法治的难点问题;构建本土理论,增强教育法治的中国特色;重视实证方法,引领教育法治的突破创新。

Since the reform and opening up,the study of legal remedy in education has undergone three stages which are the establishment of legal remedy institution in education and the initial jurisprudential interpretation,the practice of legal remedy in education and the formation and prosperity of academic contention,the legal remedy in education orienting to the rule of law and the further development and innovation of research,and made theoretical contributions to the rule of law in education which are systematically demonstrating the justiciability of the right to education,focusing on the judicial intervention to the college students'management dispute,discussing jurisprudential problems of education appeal system,and exploring systems of mediation,arbitration and public interest litigation.Research in the future should be devoted to the rule of law in education,that is,it should respond to the realistic challenge and solve its difficulties,construct local theory and strengthen its Chinese characteristics,attach importance to the empirical approach and lead its breakthrough and innovation.