教育立法必须以教育的公共性为价值基础

公共性是指教育所具有的既使社会受益 ,又使个人受益的责任和功效。作为现代教育的基本特征 ,公共性同时为教育立法提供了基本的分析范式。然而 ,长期以来我国将教育的公共性理解为教育管理如何实现国家的教育目标 ,体现教育根本特征的公共性及其内在属性却并不为重视 ,从而使教育立法重权力与秩序 ,轻权利与自由 ,在价值上偏离了公共性的要求。在以引入市场机制为核心的教育改革过程中 ,我国教育立法显现出较大缺陷 ,不但公民平等的受教育权利受到冲击 ,社会公共利益也难以得到有效保障 ,教育事业面临公共性危机。必须正确认识教育公共性的内涵和要求 ,并将其作为教育立法的基本目标价值 ,遵循合理性、公益性、公平性和公开性的要求 ,进一步完善中国教育立法

Communality as a Value Base for Educational Legislation

Communality refers to the responsibility and efficacy that education is meant to fulfill for both social and individual interest; and at the same time it has, as an essential feature of modern education, supplied a basic analytical pattern for education legislation. However, China's education communality has long been understood as the nation's educational goal to be realized under educational management, and the communality that embodies the essential characteristics of education and the inherency have been neglected, the situation of which has led the legislation to valuing power and order more but belittling right and freedom, and thus to the deviation of the demand of communality. Consequently our educational legislation has showed great limitations in the course of education reform oriented to a market mechanism, during which not only has the civilian right of equal opportunity for education received negative impact, but also the social public interest is hard to find a proper guarantee. Then the education cause faces a communality crisis, and there has an urgent demand for a correct understanding of the meaning and requirements of the communality as an essential objective of the educational legislation, for the improvement of which rationality, commonweal, justice and publicity must be followed.