公民受职业教育权保障的法治困境与现实出路——基于新《职业教育法》的思考

Rule of Law Dilemma and Realistic Way Out for Citizens'Right to Vocational Education Guaranteeing——Reflections Based on the Vocational Education Law of the People's Republic of China

受职业教育权是公民受教育权的重要组成部分,但公民受职业教育权依法保障具有自身的独特要求。新《职业教育法》将公民受职业教育权的内容具体化和丰富化,这是中国式现代化建设的战略需要,也是保障公民个性化发展,实现教育实质平等的现实诉求。公民受职业教育权保障的法治关键在于与普通教育的权利平等,体现在起点、过程、结果和发展四个方面。但新《职业教育法》视域下公民受职业教育权保障还存在法律体系有待健全、内容供需无法精准匹配、教育执法“孤岛”现象、职业教育吸引力有待提升等法治实施困境。因此,公民受职业教育权保障在制度上要完善公民受职业教育权法律保障体系,在内容上要推进职业教育数字化转型实现人才培养供需匹配,在方式上要破除组织结构壁垒构建跨部门职业教育执法协同机制,在环境上要推动职业教育从情感认同向行动认同的法治思维转变。

The right to vocational education is an important part of citizens'right to education,but the legal protection of citizens'right to vocational education has its unique requirements.The Vocational Education Law of the People's Republic of China specifies and enriches the content of citizens'right to vocational education,which is a strategic need for constructing Chinese modernization,and a realistic demand for guaranteeing citizens'individualized development and realizing substantive equality in education.The key to the rule of law in guaranteeing citizens'right to vocational education lies in the equality of rights with those of general education,as reflected in the four aspects of starting point,process,result and development.However,under the perspective of the Vocational Education Law of the People's Republic of China,the guarantee of citizens'right to vocational education still plagued by the implementation of the rule of law,such as the legal system needs to be improved,the supply and demand of content cannot be accurately matched,the phenomenon of educational law enforcement is isolated,and the attractiveness of vocational education needs to be improved.Therefore,to guarantee citizens'right to vocational education,it is necessary to improve the legal guarantee system of citizens'right to vocational education,to promote the digital transformation of vocational education to match the supply and demand of talent cultivation,to break down the organizational barriers to build a cross-sectoral mechanism of law enforcement coordination in vocational education,and to promote the change of vocational education from the emotional recognition to the rule of law thinking of action recognition in terms of the environment.