On the Criminal Protection of the Right to Education of Chinese Citizens——With a Review on Article 32 of the Amendment to the Criminal Law(Ⅺ)

The Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens’right to education nuy means of Article 32.Imposing legal responsibility in the form of internal punishments,administrative punishments,and economic compensation have failed to prevent infringements on citizens’right to education.Its role as a"secondary protection law"is the conceptual obstacle that hinders the Criminal Law from effectively intervening in the field of citizens’right to education.The equivalence between the legal interests of people to the right to education and the rights protected by the existing charges in the Criminal Law is the legitimate basis for it to intervene in disputes over the right to education.Based on Article 32 of the Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China,it is suggested to further clarify the prepositional law,improve the liability provisions for the right to education,change the modest and restrained view of the Criminal Law regarding protection of the right to education,and expand the behavior types of Article 32 provided in the Amendment(Ⅺ)in due time.

The Construction of an Academic System for Administrative Law in China

In terms of principle,the intrinsic structural elements of the academic system of Chinese administrative law can be divided into three components:the positive law(de lege lata)system,the theoretical system and the system of methodology.As the foundation of the academic system,positive law mainly consists of the normative and institutional systems of administrative law;as the heart of the academic system,the theoretical system contains the theoretical basis,the system of basic principles and the system of categories of administrative law;and the system of methodology is the link and the conversion mechanism between positive law and the theoretical system,including the three research methods of politicolegal jurisprudence,Rechtsdogmatik(legal dogmatics)and social science jurisprudence.Along with institutional practice and the deepening of doctrine over the past thirty years since the promulgation of the Administrative Procedure Law(1989),the academic system of administrative law in China has been maturing.However,we are conscious that problems still exist.The basic approach to achieving further innovation includes advancing the construction of basic administrative law through codification;enhancing academic quality by jurisprudential thinking;shaping Chinese characteristics by rule of law practice;and carrying forward the whole academic system in a complete form.