教育行政规划的法律规制

On the Legal Regulation of Educational Administrative Planning

教育行政规划通常给公民权利设置了限制性的客观条件,而且应当尤其需要重视保护相对人的信赖利益。教育行政规划应当适应不同教育阶段的不同特点,在高中以上阶段的教育以公平竞争性为原则,不应过度扭曲竞争。教育行政规划的规制,应当以事前的程序性控制为重点。鉴于我国目前尚不能为有效规制教育行政规划提供有效的立法资源,首要的任务应当是通过制定《行政程序法》或修改现行的教育立法,为重大教育行政规划的制定职权和程序提供法律根据,重大教育行政规划应当经过听证程序和专家论证。

Usually, the educational administrative planning sets up objective conditions which may impose limitations on citizens＇ rights. Particular attention must be paid to protecting reliance interests of the private parties. As the educational administrative planning should be adapted to the different characteristics of different educational stages, fair competition should be the principle for the educational stages of senior middle school and university, and the educational administrative planning for theses stages should not distort competition excessively. The legal regulation of educational administrative planning should focus on the procedural control in advance. In view of the circumstances in which our country has not formulated laws on the regulation of educational administration, the primary task is to formulate “Administrative Procedure Law” or to modify the current educational legislation. These legislations will provide legal basis for the legislative authority and procedures on major educational administrative planning, which should be made via the procedures of hearing and expert argumentation.