备案与许可之间:校外线上培训规制的转型逻辑与规范进路

Between Filing and Licensing: the Transformation Logic and Normative Approach ofOff-Campus Online Training Regulation

校外线上培训行业市场准入门槛的制度演变,折射的是互联网经济语境与行政审批制改革的缩影。教育行政机关试图以事中事后监管体系取代事前监管的规制功效,在解除行政审批促进行业发展的同时,发挥行政备案与其他创新监管方式的联动作用,结合多元市场主体的私人规制优势,形成更有精度与效率的监管机制。但因配套措施衔接不畅,预设的监管机制并没有发挥应有的替代效用,实践中行政许可式备案起着主要规制作用。制度设计与规制现实之间的张力,源于事中事后监管体系在中国语境下移植与再建构过程中面临的本土化难题。教育监管资源的有限性与监管方式的路径依赖、线上培训市场私人规制的先天不足与后劲乏力,都制约了事中事后监管的实际效用,导致监管目的与改革效果的偏离。为此,教育行政机关试图以事前监管重塑事中事后监管,平衡规制过程中市场经济逻辑与其他价值目标的张力,促使校外线上培训重回“新型教育供给方式”的初衷。

The institutional evolutio n of the market access threshold of the off-campus online training industry reflects the Internet economic context and the microcosm of the reform of the administrative approval system.Education administrative organs try to replace the regulatory effect of ex-ante supervision with an interim and ex-post supervision system.While removing administrative approval to promote the development of the industry,they also give a play to the linkage mechanism between administrative filing and other innovative supervision methods,so as to form a regulatory mechanism with more precision and efficiency by combining the private regulatory advantages of multiple market players.However,due to the poor connection of supporting measures,the preset supervision mechanism has not played its due role as a substitute.In practice,the administrative licensing-style filing plays a major regulatory role.The tension between the institutional design and the regulatory reality stems from the localization difficulties faced in the process of transplanting and reconstructing the supervision system during and after the event in the Chinese context.The limited resources of education supervision and the path dependence of supervision methods,as well as the inherent insufficiency and weak stamina of private regulation in the online training market,all restrict the actual effectiveness of supervision during and after the event,resulting in a deviation between the purpose of supervision and the effect of reform.Therefore,the educational administrative organs try to reshape the in-process and ex-post supervision with ex-ante supervision,balance the tension between the logic of the market economy and other value goals in the process of regulation,and urge off-campus online training to return to the original intention of the“new education supply mode”.