对义务教育入学限制传统观念的修正与重构

Revise and Reconstruction of Traditional Concept of Enrolment Limit to Compulsory Education

教育部针对接受义务教育之年龄限制提问的一则答复引起了社会的广泛关注,该答复同时引发了对传统将《义务教育法》第11条视作义务教育入学年龄限制之观念的质疑。从规范主义立场出发,通过勾连《宪法》及《义务教育法》之体系性解读,可以得出颠覆传统观念之结论,即《义务教育法》第11条规定并非义务教育入学之年龄限制,而是贯穿该法始终的"适龄"原则。然而基于现行立法对"适龄"规定的不明确性,有必要对其进行规范重构,以促成一个原则性与灵活性兼具,公正而富有人文主义关怀的国民义务教育结构。

A reply of the Ministry of Education about age limit to compulsory schooling has aroused widespread concern,and it has also brought about query on traditional concept which considers the Article 11 of Compulsory Education Law as the idea of age limit to compulsory schooling.Based on normative theory,and by a systematical interpretation associating the Constitution and Compulsory Education Law,we could draw a conclusion which may subvert traditional ideas,that is,the Article 11 is not about the age limit to start compulsory education;instead,it is about the ＂Of School-Age＂ principle which runs throughout the Compulsory Education Law.However,in consideration of the indefiniteness of ＂Of School-Age＂ in the legislation,there is a need to regulate and reconstruct the concept so as to make a national compulsory education structure with principle and flexibility,and full of humanism and justice.