论治理体系现代化视野下的教育法治

A Comment on Law-Based Educational Governance in the View of the Modernization of National Governance System

我国治理体系和治理能力现代化的顶层设计不仅是教育法治在现阶段发展的法治背景,也对教育法治提出要与治理体系现代化相契合的要求。目前我国的教育法治已经呈现出成体系、有理念、有机制和有成效等特征,但仍然在教育规范位阶、教育法治理念、教育法治实施和教育法治定位等方面与治理体系现代化难以契合。而在治理体系现代化的视野下,教育法治应当具有以人民性为本位、以法律体系为依托、以开放性为运作逻辑、以培养人才为目标、以国际化为视野等内涵。因此,教育法治在治理体系现代化视野下,应构建具有整体性的规范体系、以司法引领的实施体系、正式的监督体系和社会性的保障体系。通过理清教育法治与宪法的关系、制定教育法典、在教育法治中坚持法律优先、确立教育治理的地位等方式,实现教育法治体系的现代化。

The top-level design of the modernization of China's system and capacity for governance is not only the background for the development of law-based educational governance at the present stage,but also requires it to be in line with the modernization of national governance system.At present,China's law-based educational governance has reflected the characteristics of system,concept,mechanism and effectiveness.However,it is still difficult to fit in with the modernization of governance system in terms of the rank of educational norms as well as the concept,implementation and orientation of law-based educational governance.In the view of the modernization of governance system,law-based educational governance should have connotations such as taking people as the center,relying on legal system,taking openness as the operation logic,taking talent training as the goal,and taking internationalization as the vision.Therefore,a holistic normative system,a judicature-led implementation system,a formal supervision system and a social security system should be established in the field of law-based educational governance.The modernization of the system for law-based educational governance can be realized by clarifying the relationship between law-based educational governance and the constitution,formulating educational code,insisting on the priority of law in law-based educational governance,and establishing the status of educational governance.