论学前教育立法中政府的公法责任

The Responsibility of Government Public Law in Preschool Education Legislation

随着我国学前教育立法的不断推进,政府责任的定位正在发生改变。这其中,传统的私法责任不足以解决问题,需要政府在学前教育立法中承担公法责任。国家教育权理论、福利国家理论是政府承担公法责任的理论基础。当前学前教育发展中仍存在着学前教育公平性遭到破坏、学前教育市场化等问题。政府需要承担相应的监管责任、保护性责任。在学前教育立法中亟需厘清政府的公法责任,进而保障我国学前教育健康发展。

With the continuous advancement of China's preschool education legislation,the positioning of government responsibility is changing. Among them,the traditional private law responsibility is not enough to solve the problem,and the government needs to assume public law responsibility in the preschool education legislation. The theory of state education rights,the theory of welfare states are the theoretical basis for the government to assume the responsibility of public law. During the current development of preschool education,there are still problems such as the destruction of pre-school education fairness,marketization of the preschool education. The government needs to bear the corresponding regulatory,protective responsibilities. In the preschool education legislation,the government's public law responsibility is clarified,and thus the healthy development of preschool education in China can be guaranteed.