中国消极依法治教的制度性反思

改革开放以来,由于以经济建设为中心而带来的对教育的重视不足、资金投入不到位以及传统法文化的影响,我国教育制度在制定上内容空泛、体系零散且在执行上效力不足。这些问题不但是制约我国教育法制进程的痼疾,更是消极依法治教的主要表现。因此,应当通过构建公众的教育法律认同感、加强资金和智力投入、组建高素质的教育执法队伍等手段来修复教育制度的不足,推进依法治教的发展。

The Institutional Reflection of "Negative Managing Education by Law" in China

Since the reform and opening,our education system has been vague in content,fragmented in system and lack of effectiveness in implementation because of the influence caused by focusing on the central task of economic construction,such as the lack of emphasis on education,inadequate fund and the culture of the traditional law.These problems are not only the aeipathia to restrict our educational Legal proceeding,but also the main performances of"negative managing education by law".Therefore,we should repair the lack of education system by building the educational law identity of the public,strengthen the financial and intellectual input and establish the high-quality educational law enforcement team etc.,and to promote the development of "Managing education by law".