基于学校制度生活的“刚性”建构推进法治教育

The Construction of School' Institution Rigidity and the Strengthening of Law-related Education

法治教育的推进不仅需要依靠法治课程的编制和实施,也要不断提升和完善学校制度生活的法理规范性。但从当前的教育现实来看,我们的学校制度生活仍然存在着柔性有余而法治刚性不足的弊病,集中体现为法治程序意识的淡薄、法律权利保障体系的欠缺、法治制裁体系的弱化、法治监督与申诉平台的匮乏等问题。这严重损害了法治的权威性乃至公信力,使法治教育的推进缺乏学校制度生活的基础。为解决上述问题,有必要对学校制度生活进行法治的"刚性"建构,增强学校制度的法理规范性,开展法治观念教育;建立学校的依法治理机制,开展法治行动教育;健全学校的监督与申诉制度,开展法治监督教育;发展学校制度的民主、平等以及契约精神,开展法治精神教育。通过学校制度生活所展现的法治精神,可以有效培育青少年学生的法治观念及能力,最终完成法治教育的目标与使命。

The development of Law-related education cannot just rely on the exploitation of law-related curriculums. Actually, it should pay more attention to the strengthening of school＇s institution rigidity which advocates the rule of law in school life. The full of law spirit in school life is the most effective and convictive law-related education. But, the situation is that school life is in a low level of institution rigidity which harms the law-related education. Schools have to face the problems： Low level of Consciousness of procedural constitution, absence of legal right and legal sanction, lack of legal supervision and appealing system, and so on. These damage the authority and credibility of law in school, and cause the collapse of institution basis for law-related education. To solve this problem, we need develop the institution rigidity and law spirit in school education which can enhance the law awareness. We also should construct the democratic governance in school to advocate the education of law action. And, we need develop the legal supervision and appealing system for the education of supervision awareness, and we also need develop the spirit of democracy,equality, and contract, which can enhance the education of law spirit. Based on the strengthening of school＇s institution rigidity, we can cultivate students＇ law concept and realize the goal of law-related education.