现代学徒制立法的三个基本点

On Three Basic Points in the Legislation of Modern Apprenticeship System

法制化与法治化是现代学徒制应有之义,法制化是法治化的前提条件,立法是法制化的关键举措。准确主体定位、完善运行机制和严肃法律责任等三方面是现代学徒制立法的基本遵循,即在主体地位上要实现:政府从越位到让位、行业从失位到上位、企业从缺位到正位、学校从错位到归位、学生(家长)从无位到优位的矫正;在动力、整合、激励、控制和保障机制等方面加以完善;构建以行政责任为主,民事和刑事责任为辅的法律责任体系。

Rule by law and rule of law is the proper meaning of modern apprenticeship system. Rule by law is the prerequisite of rule of law, and legislation is the key initiative to rule by law. The legislation of modern apprenticeship system should follow three basic aspects： accurate subject orientation, perfecting the running mechanism and making legal obligation serious. That is, in achieving the subject status, the government should change from offside to giving way, the industry from the loss to the host, enterprises from the absence to frontal position, schools from dislocation to homing, students or their parents from no location to priority. And the dynamical mechanism, integration mechanism,incentive mechanism,control mechanism and security mechanism should be perfected. The system of legal liability, mainly based on administrative liability and supplemented by civil liability and criminal liability, should be built.