义务教育阶段“择校”治理的法律困境与出路——教育法学视野下的反思

Dealing with the Phenomenon of "Choosing School" at the Stage of Compulsory Education: Predication in Legislation and the Outlet——An Introspection in the Perspective of Education of Law

义务教育阶段的"择校"现象已然成为我国社会关注的焦点之一,尤其是"择校"现象引发的诸如以权"择校"、以钱"择校"及"择校"高收费等问题,严重损害了教育的无偿性、公平性等原则。这里主要从教育法学的视角,阐释义务教育阶段的"择校"现象、"择校"产生的权利基础及法律冲突,力图通过教育法律制度的完善,探寻解决问题的思路,缓解日趋严重的"择校"问题,以期维护教育公平,推动我国义务教育事业的健康持续发展。

The phenomenon of 'choosing school' at the stage of compulsory education has already become asocial focus in China.Especially the problems of 'choosing school' with power,'choosing school' with money,and overcharged 'choosing school' have seriously damaged the principle of free education and fair education.Mainly from the perspective of educational law,the writer of this article elaborates on the phenomenon of 'choosingschool' at the stage of compulsory education,and the right bases and legal conflicts of 'choosing school',andattempts to explore the solution to this increasingly serious problem through perfecting the educational law,with theaim of maintaining educational equity and promoting the sustainable development of China's compulsory education.