教育治理中的思维桎梏与实践突围

Thinking Shackles in Educational Governance and Its Breakthrough of Practice

传统教育管理提出的“依法治教”孕育了基本的法治思维。在依法治教的历史实践中,法律关系、调整内容、调整方式以及教育法律划归都定位了公法思维的传统。公法思维表现出关注权力焦点、以实定法为唯一依据、奉行国家集中干预原则的特征。随着管理向治理的升级,公法思维惯性成为践行多元共治理念的桎梏,公权本位打破共治主体权责平衡,唯法信念抑制治理程序活力,行政方式湮没学校自治主权。立足实践,需改变权力角色,以公私法融合、软硬法兼施的复杂方式促进教育主体自治,以教育法治实践理性共生公民的法治思维理性。

The traditional education management of the“ruling education by law”has developed the basic legal thinking.In the historical practice of the“ruling education by law”,the legal relations,what the law regulates and how it regulates,and the classification of education laws,all of the above have located the tendency towards public law thinking mode.This kind of thinking shows the characteristics of focusing on the power,taking the national legislation as the only basis and practicing the principle of centralized intervention by the state.However,with the upgrading of management to governance in education,the public legal thinking has become a shackle for practicing the concept of pluralistic governance.The public power standard breaks the balance of power and responsibility of the main body of co-governance,the superstition of the law inhibits the vitality of the governance process,and the administrative way annihilates the sovereignty of school autonomy.Based on the practice,it is necessary to change the role of power,promote the autonomy of education subjects with a complex mode of public-private law integration and soft-hard law implementation,and rationalize the legal thinking of citizens with the practice of education rule of law.