中小学幼儿园章程建设实践考察--基于章程文本视角的实证分析

The Practice Investigation on the Constitution Construction of Middle and Primary Schools and Kindergartens

按照加强依法治校的总体要求,中小学幼儿园章程建设得到不断推进,取得了很大成绩。目前,部分学校章程建设还存在问题,如整体结构不尽合理,法定事项存在缺失,一些重要事项规定有欠准确甚至与上位法规定不一致,内容的严谨性和表述的规范性存在缺陷,等等。这些问题表象的背后,反映出学校章程建设方面存在对法治精神的理解有欠深刻和准确,对实体与程序、权利与义务、管理与服务之间关系的认识存在偏差,对章程地位的重要性缺乏充分认识,对章程定位的把握有欠准确。为此,应当进一步加大法治精神宣传教育及实施力度、章程建设宣传力度以及章程建设的务实工作力度,规范章程文本写作的基本要求,不断提升章程建设的法治化水平。

According to the general requirement of strengthening school-running by law, the constitution eonstructton of middle and primary schools and kindergartens has been continuously making progress and made great achievements. At present, there have been problems with the constitution construction of part schools, such as the massive structure is not reasonable, the legal requirements are of deficiency, some important requirements are lack of accuracy and even at variance with the host law, the preciseness of the contents and expression of normalization are of deficiency, etc. Behind the appearance of these problems, we can see the problems with the school constitution construction such as the understanding on the spirit of rule of law is not profound and accurate enough ; the cognition of the relationships between entity and procedure, right and obligation, and management and service exists deviation ; the importance of the position of constitution is not fully understood; the positioning of the constitution is not accurately grasped. Therefore, we should further increase the strength of publicity and education as well as enforcement of the spirit of rule of law, and the strength of publicity and practicability of constitution construction. Meanwhile, we should standardize the basic requirement of constitution text writing, and continuously upgrade the legalization level of constitution construction.