我国职业教育依法治教历程回顾与分析

Review and Analysis of Managing Education by Law of Vocational Education in China

回顾《职业教育法》颁行以来的26年,中国职业教育发生了巨大变化。从推进依法治教的角度看,在《职业教育法》的引领下,我国职业教育的法律体系经历了从无到有、加快建设、全面完善三个阶段。1996年《职业教育法》的颁布实施,全面开启了我国职业教育法制体系建设的进程,我国职业教育正式进入有法可依、依法治教的新阶段。在党和国家的大力推动下,以《宪法》为立法依据,以《职业教育法》为核心,其他相关平行法律为支撑,以国务院制定的行政法规、教育部制定的部门规章、省级人大制定的地方性法规、省级人民政府制定的地方规章,以及地方教育行政部门制定的落实政策为配套的职业教育法律制度体系加快建设,促进职业教育沿着依法治教的道路稳步前行。党的十八大以来我国进入中国特色社会主义新时代。党的十八届四中全会通过的《中共中央关于全面推进依法治国若干重大问题的决定》对全面依法治国作出顶层设计。在此背景下,全国人大常委会加大了对《职业教育法》的执法监督,开展了首次《职业教育法》的执法检查工作,总结职业教育发展经验和成绩,也诊断职业教育存在的各种问题与不足,并经过专题询问,督促“一府两院”解决问题、改进工作。人大常委会监督检查进一步确保了《职业教育法》的有效实施,有力推动了现代职业教育法治环境的建设与完善。

Looking back on the 26 years since the promulgation of the Vocational Education Law, China’s vocational education has undergone tremendous changes. From the perspective of promoting the rule of law, under the guidance of the Vocational Education Law,the legal system of vocational education in China has gone through three stages: starting, accelerated construction, and comprehensive improvement. In 1996, the promulgation and implementation of the“Vocational Education Law”fully opened the process of the construction of the legal system of vocational education in China. Vocational education has officially entered a new stage where there are laws to be followed and education is managed by law in China. Under the vigorous promotion of the party and the state, the Constitution is the legislative basis, the Vocational Education Law is the core, and other relevant parallel laws are the support, and administrative regulations formulated by the State Council, departmental regulations formulated by the Ministry of Education, local regulations formulated by provincial people’s congresses, local regulations formulated by provincial people’s governments, and implementation policies formulated by local education administrative departments are all as the package to accelerate the construction of the vocational education legal system, and promote the steady advancement of vocational education along the road of managing education by law. Since the 18th National Congress of the Communist Party of China, China has entered a new era of socialism with Chinese characteristics. The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China adopted the“Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Promoting the Rule of Law”to make a top-level design for the comprehensive rule of law. In this context, the Standing Committee of the National People’s Congress has stepped up its supervision over the law enforcement of the Vocational Education Law, carried out the first law enforcement inspection of the Vocational Education Law, summed up the experience and achievements of vocational education development, and also diagnosed various problems existing in vocational education. These problems and deficiencies were addressed, and through special inquiries, the“one government and two courts”were urged to solve problems and improve their work. The supervision and inspection of the Standing Committee of the National People’s Congress further ensured the effective implementation of the Vocational Education Law, and effectively promoted the construction and improvement of the legal environment for modern vocational education.