论我国民族教育立法的若干问题

Problems on National Educational Legislation in Our Country

作为法概念的民族教育不仅包括对少数民族成员所实施的教育 ,还包括在少数民族地区所实施的教育。民族教育的特点决定了民族教育立法的必要性和紧迫性。旧中国也有民族教育立法 ,但发展缓慢。新中国民族教育立法大致可分为三个分阶段 ,成绩显著 ,但也存在着体系不完备、特色不鲜明、立法技术差、法律机制不科学、理论研究滞后等问题。民族教育立法应当坚持保障少数民族教育权实现、充分考虑民族特点和地区特点。

As concept of law, national education includes not only education for minority people, but education carried out in minority areas. The characteristics of national education has decided the necessity and emergency of national educational legislation. Before liberation, China already had national educational legislation, but it developed very slowly. After liberation, national educational legislation has gone through three phases and has made great achievements, but it still has the problems such as: imperfect system, no distinguishing traits, poor legislative technique, unscientific legal mechanism and backward theoretical research. National educational legislation should insist the following three basic principles: to ensure the right of education for minority nationalities, to take national traits and regional characteristics into full consideration and to insist separation of religion from education for minority nationalities.