《学前教育法》调整范围论要

On the Legislative Scope of Preschool Education Law

在学前教育立法的立法范围究竟是3—6岁的儿童教育还是0—6岁的儿童教育,还存在着争论。0—3岁儿童教育一直是我国教育政策关注的重点,但因为学前教育利益取向多元性等因素,制约着将3岁以下儿童教育纳入学前教育立法。通过对应然性和实然性的双重分析,将3岁以下儿童教育纳入学前教育立法不仅具有重大意义,而且具有较为坚实的现实基础。在立法策略上,可以采用统领模式将3岁以下儿童教育纳入学前教育立法的适用范畴,为今后具体的制度设计预留空间。

In the adjustment scope of preschool education legislation,whether the scope of legislation is 3-6 years old children’s education or 0-6 years old children’s education is still controversial.The education of children aged 0-3 has always been a focus of China’s education policy.However,due to the diversity of interest orientation of preschool education and other factors,it is restricted to incorporate the education of children under 3 into preschool education legislation.Through the dual analysis of the necessity and reality,it is not only of great significance,but also has a relatively solid practical foundation to incorporate the education of children under 3 years of age into the legislation of preschool education.In terms of legislative strategy,we can adopt the leading model to include the education of children under 3 years of age into the scope of application of preschool education legislation,so as to reserve space for a future specific system design.