论法律视域内促进教育公平的策略

The Strategy to Promote Fairness in Education Within the Law

教育公平问题是法学、经济学等众多学科所关注的问题。在我国,教育不公平比较明显地体现在两个方面,一是资源分布的不平等,二是机会的差异性。从法律层面上分析教育不公平问题的原因,主要有以下几个方面:我国已经制定的教育法律法规仍存在不完善之处,教职员工法制观念淡漠,缺乏有效的救济机制,监督机制的缺位和缺失。要促进教育公平,就要完善"软性"法规,明确政府在教育领域的职责,促进教育资源的合理分配;针对教育主体制定"刚性"法律,规制教育主体行为;建立完善利益诉求表达机制和权利救济机制;建立强有力的监督机构,充分发挥监督效能。

Education equity has been the focus of law and economics and many other disciplinces. The disparity of the dis- tribution of educational resources and the inequality of educational opportunities are two aspects obviously illustrating the ine- quality of education in China. From the perspective of law, the phenomenon of the inequality of education mainly resides in the following facets： the imperfections of laws and regulations on education formulated in our country, the indifference of faculty members toword laws on education, the lack of efficient relief mechanism and the omission and lack of supervision system. To promote education equity , it is necessary to furthur complete the soft rules on education, make clear governments~ responsibil- ities in education field and stimulate the reasonable distribution of educational resources. It is also imperative to formulate the hard and fast rules for the subjects of education, regulate their behaviors, establish and furthur complete the mechanism of in- terest appeal and expression and the system of right relief. Furthur more, the establishment of forceful supervision system is of great importance to sufficiently implement the foreeof supervision.