论我国“学前教育法”的立法精神、内容和技术

On the Spirit,Content and Techniques of the Law on Preschool Education

“学前教育法”是为国家未来和民族希望所立之法,应该充满社会关爱、促进社会公平正义、充分保障幼儿学前受教育权;除一般立法内容“学前教育法”应特别规定幼儿学前受教育权的形态和内容,学前教育主管部门和相关部门的职责权限,学前教育教育机构的保教义务和责任,学前教育监督检查制度;“学前教育法”应定位为教育法的特别法,主要适用于调整机构学前教育行为,学前教育全国性立法要为地方性立法预留适当空间,并处理好与其他相关法律的衔接协调。

The Law on Preschool Education is a law for the future of the country and the hope of the nation. It should be drafted with social care, promote social fairness and justice, and it fully protect the preschool education rights. In addition to the general legislative content, the author believes that the Law on Preschool Education should specifically stipulate the form and content of preschool education rights, the duties and responsibilities of the preschool education departments and relevant departments, the preservation obligations and responsibilities of preschool education institutions, and supervision and inspection system of preschool education. The law on preschool education should be positioned as a special law on education, which is mainly applicable to the adjustment of pre-school education behavior. National legislation for preschool education should reserve appropriate space for local legislation and handle coordination with other relevant laws.