民办学校分类登记法律体系构建:主要进展、实践诉求与优化路径

Construction of the Legal System for Classified Registration of Non-governmental Institutions:Main Progress,Practical Demand and Optimization Path

民办教育分类管理法律体系是引领和推动民办教育健康、快速及可持续发展的关键。自《国家中长期教育改革和发展规划纲要(2010—2020年)》颁布以来,国家高位推动民办教育分类管理政策的制定与实施。在民办学校分类登记制度领域,国家调整《民法总则》《教育法》《高等教育法》及《民办教育促进法》等相关法律,中央相关部门颁布了《民办学校分类登记实施细则》,部分省级政府颁布了相应的分类登记细则,新时期民办学校分类登记法律体系已基本形成。不过,分类管理新法新政尤其是分类登记的法律法规,尚难以满足民办学校分类管理的现实诉求,先前的一些法律法规也制约着分类登记的顺利实施。因此,亟待进一步加快相关法律法规修订的进程,与民办教育分类管理框架下已经制定或修订的相关法律法规一起,尽快形成法制统一、层次分明和衔接有序的分类登记法律体系。

The laws and policies on classified management of non-governmental education are the key to leading and promoting the healthy, rapid and sustainable development of non-governmental education. Since the promulgation of the National Medium and Long-term Education Reform and Development Plan(2010-2020), the government has promoted vigorously the formulation and implementation of the classified management policy for non-governmental education. In the field of classified registration systems for non-governmental institutions, the government has adjusted relevant laws such as the General Principles of Civil Law, the Education Law, the Higher Education Law, and the Non-governmental Education Promotion Law. The relevant departments of the central government have enacted the Implementation of Classified Registration of Non-governmental Institutions and some provincial governments have also issued corresponding policies on classified registration. The legal system for classified registration of non-governmental institutions has basically formed in the new period. However, the new laws and new policies of classified management, especially the laws and regulations of classified registration, are still difficult to meet the practical demands for classified management of non-governmental institutions, and some previous laws and regulations also restrict the smooth implementation of classified registration. Thus, it urgently needs to further accelerate the process of revising the relevant laws and regulations. Together with the relevant laws and regulations that have been formulated or revised under the framework of classified management of non-governmental education, a unified, clear and orderly legal system of classified registration needs to be formed as soon as possible.