依法治校需要完善教育法律法规体系-《武汉职业技术学院学报》

文章信息/Info

Title:: Managing Schools by Law Requires the Improvement of the System of Educational Laws and Regulations

Keywords:: school administration; manage schools by law; the system of laws and regulations; public participation in legislation

摘要:: 把学校管理纳入法治轨道，实施依法治校，需要在公众参与立法的实践中，不断完善教育法律法规体系。以公众关注度高、影响教育改革的问题作为切入点，可以归纳出当前完善我国教育法律法规体系的策略，主要是针对缺乏细则的法律法规制订其下位法，清除或修改违反上位法的下位法，对于法律定位模糊的法律主体加以澄清，明确行为主体的法律责任和权利，将普法教育与公众参与的社会保障结合起来，公众参与立法制度化，建立有效的公众意见反馈机制，梳理汇集其他方面法律法规的支持，正确处理相关的关系等。

Abstract:: It needs to constantly improve the system of educational laws and regulations in the practice of public participation in legislation that to bring school administration into the orbit of the rule of law and administrate schools by law. With the problems of highly public concern and impacting educative reform as a breakthrough point, the strategies for improving the system of educational laws and regulations can be induced at present. It is mainly to formulate its Lower-level Law for the law lacking of detailed rules and regulations, to remove or modify the Lower-level Law violating its Higher-level Law, to clarify the legal subject that having vague legal orientation, to clear the legal liability and rights for behavioral subject, to combine the popularization of law education with the social security of public participation, to institutionalize public participation in legislation, to establish the effective public opinion feedback mechanism, to collect the support from the other aspects' laws and regulations, and to deal with the relevant relationship correctly, etc.