试论产教融合立法的目的、价值与原则

On the Legislative Purpose,Value and Principle of the Integration of Industry and Education

当前,学术界对产教融合的内涵、模式、路径、政策关注较多,但从法律调整视角的研究相对较弱。研究产教融合立法的目的、价值与原则,对促进产教融合发展、推动我国职业教育法修订具有重要现实意义。从法律性质来看,产教融合法律规范属于教育法范畴。产教融合立法的直接目的在于促进产教对接,根本目的在于提升人力资源质量,立法价值在于维护正常的产教融合秩序。产教融合立法除要遵循宪法性、法治性、民主性、科学性等一般立法的基本原则外,还应遵守统筹协调、权责一致、公众参与的自身基本原则。

At present,academia pays more attention to the connotation,mode,path and policy of industry education integration,but the research from the perspective of legal adjustment is relatively weak.The research on the legislative purpose,value and principle of industreducation integration is of great practical significance to promote the development of industry education integration and promote the revision of China’s Vocational Education Law.From the legal nature,the legal norms of industry-education integration belong to the category of education law.The direct purpose of industry education integration legislation is to promote the connection between industry and education,the fundamental purpose is to improve the quality of human resources,and the legislative value is to maintain the normal order of industry education integration.In addition to the basic principles of general legislation such as constitutionality,rule of law,democracy and scientificity,the legislation of industry-education integration should also abide by its basic principles of overall planning and coordination,consistency of all responsibilities and public participation.