给付行政视角下的学前教育改革法律规制研究

Research on the Legal Regulation Reform of Early Childhood Education from the Perspective of the Welfare Administration

迄今为止,学前教育仍是我国教育体系中的薄弱环节,其根源在于法律规制方案与学前教育市场化改革现状互不匹配。行政法学界应关切学前教育的治理困境,从学前教育的公共属性出发,以给付行政理论重塑学前教育法律规制体系,围绕着立法、供给、补贴和标准等规制要点展开探讨,并解析其中广泛涉及的多学科交叉问题,最终形成治理面向的法律规制改革方案。

So far, Early Childhood Education is still the weakest link in China education system. Its root lies in the gap between the administrative regulation and market-oriented reform of Early Childhood Education. This article argues that the administrative law makers should pay attention to the predicament of Early Childhood Education governance. Based on the public nature of early childhood education, this article attempts to reshape the legal regulation system of early childhood education within welfare administration theory, and discusses the regulatory points such as legislation, supply, subsidies and standards. We also analyze the multidisciplinary cross-cutting issues that are widely involved and eventually form a governance-oriented reform method of legal regulations.