教育利益的界定甄别与法律调整——运用法律手段解决教育中的“老大难”问题

Identification and Legal Regulation of Educational Benefits:Using Legal Means to Solve Long-Standing Difficult Problems in Education

教育利益是指教育主体从教育过程和结果中获得的、能满足其需求的物质财富或者非物质财富。教育改革是对教育中利益关系和利益格局的调整。当前我国的教育改革进入深水区和攻坚期,教育中一些重大利益关系的调整势在必行。教育法是调整教育利益关系的基本法律手段,与教育利益关系调整的道德手段和政策手段相比具有不可替代的突出优势。教育法要关注重大教育利益和重大教育问题,并将之纳入法律调整的范围内。

Educational benefits refer to benefits gained from educational process and outcome by educa- tional stakeholders to satisfy their material or non-material needs. Educational reform is the adjustment of the relationship and pattern of interests in education. Currently, educational reform in China reaches ＂deep water＂ area and is at a hard time, thus the adjustment of major interests relationship in education is imperative. Educational law is a basic legal means to adjust educational interests relationship, with irreplaceable prominent advantages compared with moral means and policy means. Educational law should pay close at- tention to major educational benefits and vital educational issues, and bring them into the area under legal regulation.