What are the basic principles of education law?

The basic principle of education law is the basic requirement and value criterion that all education laws should follow, and it is the starting point and basic basis for formulating and implementing education laws. The basic principles of China's education law should first be consistent with the general laws of China, that is, the education law should be guided by the general principles of constitutionality, democracy, seeking truth from facts and legal unity, and the formulation of the education law should not violate these general principles. On this basis, the education law should reflect the characteristics and laws of education itself, and cannot be simply replaced by the principle of general laws. Therefore, according to the needs of education development, the education law should also follow the following basic principles:

directionality

Article 3 of the Education Law stipulates: "The state adheres to the guidance of Marxism–Leninism, Mao Zedong Thought and the Theory of Building Socialism with Chinese characteristics and follows the basic principles set by the Constitution to develop socialist education." This regulation not only points out the guiding ideology, basic principles and nature of education in China, but also points out the socialist direction that education in China should adhere to.

Adhering to the direction of socialist education is to restrain people from inheriting and carrying forward the excellent historical and cultural traditions of the Chinese nation and absorbing all the outstanding achievements of the development of human civilization in accordance with the law. Article 7 of the Education Law stipulates: "Education should inherit and carry forward the excellent historical and cultural traditions of the Chinese nation and absorb all outstanding achievements of the development of human civilization." This provision reflects that China's education law attaches great importance to the excellent historical and cultural traditions of the Chinese nation and all outstanding achievements in the development of human civilization while adhering to the principle of educational orientation.

China is one of the world-famous ancient civilizations, with a long history and splendid culture, and has formed its own national spirit and fine traditions. Education should help to inherit and carry forward the excellent historical and cultural traditions of the Chinese nation. However, the excellent history and culture of the Chinese nation is only a part of human culture. In addition to the excellent culture of the Chinese nation, human culture also includes the excellent cultures of other countries and nations. These cultures and China culture constitute an inseparable whole, and they can influence, penetrate and blend with each other. The culture of any nation can only develop well in the long river of human culture. Therefore, education should also absorb all the outstanding achievements of the development of human civilization, adhere to the view of making the past serve the present and making foreign things serve China, and make all the achievements of the excellent cultural tradition of the Chinese nation and the development of human civilization become the deep cultural driving force for our people to unite and forge ahead.

Open * * *

(A) the meaning of education and publicity

The first paragraph of Article 8 of the Education Law stipulates: "Educational activities must conform to the interests of the state and society." This provision establishes the principle of publicity of education in China. The reason why the education law wants to establish the principle of openness in education can be understood from the following aspects:

First, education is the common cause of the country, the nation and even the whole world. From the ontological and social functions of education, education can not only promote people's physical and mental development, but also play an important role in the politics, economy, culture and population quality of society. Therefore, the development of education is not only the need of individual development, but also the need of the whole society and all mankind.

Second, the activities of individual development will inevitably affect the development of society. Educational activities act on every educated person, and every educated person reacts his own behavior to society. Therefore, the individual activities of every educated person are no longer personal affairs, but become an indispensable part of the whole social activities, affecting the development of society.

Third, education itself is to contribute to social development. Education is the specific behavior of cultivating individuals. Although it is a means for individuals to make a living, it is an important part of society for the whole education.

(B) the embodiment of the principle of publicity in education

The principle of publicity of education is mainly manifested in the following aspects:

First, the third paragraph of Article 25 of the Education Law stipulates: "No organization or individual may set up schools or other educational institutions for profit." This shows that the education law requires any organization or individual to set up schools and other educational institutions in China with the main purpose of promoting the physical and mental development of students and the development of education, and insists that education should conform to the public interests.

Second, the second paragraph of Article 8 of the Education Law stipulates: "The State shall separate education from religion. No organization or individual may use religion to carry out activities that hinder the national education system. " This regulation requires that education should be responsible for the interests of the country, people and society and ensure the normal operation of the education system.

Third, Article 12 of the Education Law stipulates: "The written Chinese language is the basic teaching language in schools and other educational institutions. Schools and other educational institutions with ethnic minority students as the mainstay can use the spoken and written languages commonly used by their own nationalities or local nationalities for teaching. " Schools and other educational institutions should promote the use of Putonghua and standard Chinese in teaching. Chinese is one of the official languages commonly used in China and one of the internationally recognized working languages of the United Nations. Therefore, making Chinese the basic teaching language in schools and other educational institutions in China can meet the teaching needs of most people and regions in China, and is also conducive to the popularization and development of education. At the same time, schools and other educational institutions that mainly focus on minority students are allowed to use the spoken and written languages of their own nationalities or local communities for teaching, which is not only a respect for ethnic minorities, but also a freedom to develop their spoken and written languages. Therefore, the legal provisions on teaching language and writing embody the principle of publicity of education in China.

equality

The principle of equality in education can be understood from the following two aspects:

Principle of equal educational opportunity

Article 9 of the Education Law stipulates: "China people and China citizens have the right and obligation to receive education." "Citizens, regardless of nationality, race, sex, occupation, property status, religious beliefs, etc. , enjoy equal opportunities for education according to law. " This provision defines the basic principle of equal opportunities for citizens to receive education.

The principle of equal opportunity in education generally includes three levels: equal opportunity at the starting point of education, equal opportunity in the process of education and equal opportunity in the outcome of education.

Equal opportunity at the starting point of education means that every citizen enjoys equal rights in terms of admission opportunities. Paragraph 1 of Article 46 of the Constitution stipulates: "The people of China and citizens of China have the right and obligation to receive education." This article clarifies the starting point of equal opportunities for citizens to receive education in the form of national laws. Article 36 of the Education Law also stipulates that educated people enjoy equal rights to enter schools according to law.

Equality of opportunity in the process of receiving education means that citizens enjoy equal rights in obtaining educational conditions and treatment. In this regard, the Detailed Rules for the Implementation of the Compulsory Education Law and the Education Law have made corresponding provisions. Article 8 of the Detailed Rules for the Implementation of the Compulsory Education Law stipulates that the basic conditions for school-age children and adolescents to receive compulsory education are: "(1) school buildings and other basic teaching facilities suitable for the number of school-age children and adolescents; (two) in accordance with the "compulsory education law" provisions of the preparation standards and the source of teachers with teachers; (3) Having a certain economic ability and being able to gradually allocate teaching instruments, books and materials, recreational, sports and health equipment according to the prescribed standards. " At the same time, it also requires: "Local people's governments at all levels and other institutions running schools should actively take measures to continuously improve the conditions for implementing compulsory education." Article 42 of the Education Law stipulates that the educated have the right to "participate in various activities arranged by the education and teaching plan and use education and teaching facilities, equipment and books and materials".

Equal opportunity in educational outcomes means that citizens have equal rights to receive fair evaluation from schools and society after receiving education. This equality is mainly reflected in the equality of academic performance and moral evaluation, the equality of opportunities for further study and employment opportunities. Paragraph 1 of Article 36 of the Education Law stipulates: "Educated people shall enjoy equal rights of admission, further studies and employment according to law." Article 42 (3) stipulates that the educated have the right to "get a fair evaluation of academic achievements and conduct, and obtain corresponding academic certificates and degree certificates after completing the prescribed studies".

(2) the principle of teaching in special areas and special groups.

The embodiment of equality of educational opportunities in practice is not absolute, but relative. China has a vast territory and a large population, and the development of economy, culture and education among regions is very uneven, which directly or indirectly causes the phenomenon of unequal educational opportunities. In view of the low level of economic and educational development in China and the uneven development level in different places, the education law needs to adopt different strategies according to different actual conditions in order to realize the principle of educational equality as soon as possible.

China's ethnic minority areas and remote poverty-stricken areas are relatively backward in economic development and relatively low in education level. The Education Law stipulates that the state should give special help and support to these areas and people. Article 10 of the Education Law stipulates: "The State shall, according to the characteristics and needs of ethnic minorities, help ethnic minority areas to develop education". The state supports the development of education in remote and poor areas. The state supports and develops education for the disabled. These provisions are conducive to ensuring the implementation of the principle of equality in education.

In addition, girls, children of floating population and minors who commit crimes should also enjoy equal right to education.

lifetime

With the rapid development of modern science and technology and modern production, as well as the explosive growth of knowledge, there is an urgent requirement for lifelong education. It is impossible for anyone to acquire lifelong knowledge through a period of study, so continuous learning is needed to replenish energy.

Lifelong education believes that under the conditions of modern science and technology, modern production and modern society, it is necessary and possible to break the formal school education limited to teenagers in one's life, and education should run through one's life. To realize lifelong education, it is necessary to reform traditional education and promote the coordinated development of education at all levels. These educations more or less include organized and planned formal education and spontaneous informal education on any occasion. It includes not only prenatal education, preschool education, general education and higher education, but also vocational education, adult education, continuing education and return education; It includes not only employment and livelihood education, but also education for the elderly and leisure. Only by constantly establishing and developing all kinds of education at all levels and promoting their mutual communication and convergence can we continuously improve the lifelong education system and ensure the smooth realization of lifelong education.