高等职业学校举办本科专业教育的法律分析

Legal Analysis of Carring out Undergraduate Professional Education in Higher Vocational Colleges

《中华人民共和国职业教育法》修订工作自2008年启动以来之所以迟迟未能出台,是因为遇到了许多重点和难点问题。高职学校举办本科专业教育的法律问题是其中重难点之一。从20世纪80年代初,少数高职学校开始举办本科专业教育,目前扩展到全国26个省、市、自治区368所高职学校。在这个问题上,教育部出台文件明确支持高职学校举办本科教育,法律也没有明确禁止。从现有法律角度分析,法理上应该鼓励高职学校举办本科专业教育,但法律上缺乏相关的明确规定。从高职教育发展的角度考虑,基于国家政策和法律现状,建议在《中华人民共和国职业教育法》修订中,把现有鼓励高职学校举办本科专业教育的政策固化为法律规定;并且,在发展高职教育的实践中,坚持现有对高职学校升格的限制性政策,规范高职院校的行为。

The reason why the revision of the Vocational Education Law of China has been delayed since it was started in 2008 is that it has encountered many key and difficult problems. One of the most important and difficult problems is the legal problem of the undergraduate professional education in higher vocational colleges. Since the early 1980 s, a small number of vocational colleges began to hold undergraduate professional education, which has now expanded to 368 vocational colleges in 26 provinces, cities and autonomous regions. On this issue, the documents of the Ministry of Education in China clearly supported higher vocational colleges to hold undergraduate professional education, and the law does not explicitly prohibit it. From the existing legal point of view, higher vocational colleges should be encouraged to hold undergraduate professional education, but there is no clear legal provisions. From the perspective of the development of higher vocational education, based on the current situation of national policies and laws, it is suggested that in the revision of the Vocational Education Law, the existing policies that encourage higher vocational colleges to hold undergraduate professional education should be solidified into legal provisions;moreover, in the practice of developing higher vocational education, we should adhere to the existing restrictive policies on the promotion of higher vocational colleges and regulate their behaviors.