新职业教育法的法律地位及其实践指导意义

The Legal Status and Practical Guiding Significance of China’s Newly Revised Vocational Education Law

新职业教育法是我国职业教育高质量发展的专门法、基本法与引领法。新职业教育法与教育法的关系为下位法与上位法的关系以及特别法与一般法的关系;新职业教育法与劳动法相关性明显削弱,其与劳动法既非上下位法律关系,也非特别法与一般法的关系;新职业教育法与高等教育法在高等职业教育方面、与教师法在师资主体方面、与民办教育促进法在民办职业教育方面均存在交叉重合,与这三部法律的关系均属于特别法与一般法的关系。认识和把握新职业教育法的法律属性及其与相关法律的关系,对于全面理解我国教育法规体系、推进现代职业教育高质量发展有重要意义。

The newly revised Vocational Education Law serves as a specialized,fundamental,and guiding legislation for the high-quality development of vocational education in China.Its relationship with the Education Law is that of a subordinate law to a superordinate law and a special law to a general law.Meanwhile,the correlation between the new Vocational Education Law and the Labor Law has been significantly weakened,as they neither constitute a subordinate-superordinate legal relationship nor a special-general one.There are overlapping areas between the new Vocational Education Law and the Higher Education Law in terms of higher vocational education,with the Teachers'Law in terms of the main body of teachers,and with the Law on the Promotion of Privately-run Education in terms of privately-run vocational education.The relationships with these three laws are all categorized as special law to general law.Understanding and grasping the legal attributes of the new Vocational Education Law and its relationships with relevant laws are of great significance for comprehensively comprehending China's educational legal system and advancing the high-quality development of modern vocational education.