依法治教与依法治校的特质辨析与逻辑关联

The Characteristics Distinction and Logical Connection between Managing Education by Law and Managing Schools by Law

依法治教与依法治校承载着依法治国和教育治理现代化的使命与旨趣,虽然二者关系密切,但在本质、主体、旨趣和特征上存在明显差异。深究二者的内生逻辑,依法治教是依法治校的重要前提,具备保障功能;依法治校是依法治教的关键部分,是依法治教的重要呈现。明确二者的行为边界,依法治教侧重宏观规划、政策法规和整体协调,依法治校重视微观落实、校规章程和办学自治。实现依法治教与依法治校特质与逻辑关联的辩证统一,须把握好依法治教与依法治校的逻辑关联,明确依法治教与依法治校的行为边界,注重二者逻辑联系与行为边界的兼合并顾,以此实现二者的互济与发展。

Both managing education by law and managing schools by law bear the mission and purport of the administration modernization of education. Though they are closely related, there are great differences in essence, subject, purport and characteristics. The endogenous logic of the two is that managing education by law is an important precondition and has the function of guaranteeing for managing schools by law; managing schools by law is a key part consisting of and the important manifestation of managing education by law. Managing education by law relies on the overall operation, the principles of national policies and the macro-control, while managing school by law requires micro-implementation, the construction of school rules and regulations and the autonomy of management. To realize the dialectical unity of the logical connection between managing education by law and managing school by law, we must differentiate and analyze the endogenous logic relation and the behavioral boundaries of the two, as well as integrate the above, to realize the mutual development of each other.