自主性与公共性:私立学校法治建构的两个向度——以日本《私立学校法》为例

Autonomy and Publicity:Two Dimensions of the Construction of the Rule of Law in Private School:Taking Japan’s Private School Law as an Example

私立学校在办学主体、办学经费和学校行政等方面与公立学校存有差异,但在为社会培养人才方面又与公立学校具有共同性。私立学校法治的建构基于这种特殊性,以尊重私立学校的自主性和提高私立学校的公共性为内在向度,这两个向度之间的张力成为推动私立学校不断发展的"内在"动力。以自主性与公共性为内在向度制定的日本《私立学校法》,促进了该国私立学校的快速发展。我国新修订的《民办教育促进法》的实施,要兼顾民办教育的自主性和公共性,促进民办学校的健康规范发展。

There are differences between private schools and public schools in the main body, funding and administration, while they shares the same characteristics in the aspect of cultivating talents for the society. The construction of the rule of law in private schools is based on this particularity, with respecting the autonomy and improving the publicity as the internal dimensions. The tension between these two dimensions becomes the "internal" driving force for the continuous development of private schools. Japan’s Private School Law, which was formulated with internal dimensions of autonomy and publicity, has promoted the rapid development of private schools in the country. The implementation of the newly revised Non-governmental Education Promotion Law in China must take into account the independence and publicity of non-governmental education, so as to promote the healthy and standardized development of non-governmental schools.