What are the main normative documents concerning the origin of educational laws and regulations in China at present?
A: At present, the normative documents concerning the origin of educational laws and regulations in China mainly include the Constitution, educational laws, educational administrative regulations, local educational regulations, autonomous educational regulations, educational administrative regulations, educational legal interpretations and international educational treaties.
2. The composition of the current education laws and regulations system in China.
A: China's existing educational laws and regulations system consists of five vertical levels and six horizontal departments.
(1) China's education laws and regulations system has five vertical levels: education law, education department law, education administrative regulations, local education regulations and education regulations.
(2) At the horizontal level of China's education laws and regulations system, there are six laws, namely, compulsory education law, vocational education law, higher education law, teacher law, adult education law and private education promotion law.
3. The relationship and difference between preschool education policies and preschool education laws and regulations.
A: (1) The relationship between preschool education policies and preschool education laws and regulations:
First of all, preschool education laws and regulations reflect the will and opinions of the party and the state education administrative organs on preschool education, stipulate the code of conduct for preschool education, and are the stereotypes and standardization of preschool education policies.
Secondly, preschool education policy not only guides the process of preschool education legislation, but also guides the operation and implementation of preschool education laws and regulations, and is the soul of preschool education laws and regulations.
Third, preschool education policy is the basis for formulating preschool education laws and regulations, and preschool education laws and regulations are the guarantee for the implementation of preschool education policies. Only by implementing preschool education laws and regulations under the guidance of preschool education policies formulated by the party and the state can preschool education laws and regulations serve preschool education policies better.
(2) The difference between pre-school policies and pre-school education laws and regulations: different organs, different binding forces, different forms of expression, different implementation methods, different stability and different adjustment ranges.
4. Briefly describe the imputation elements of educational legal responsibility.
A: The imputation elements of educational legal responsibility:
(1) Damage facts. There are two kinds of damages caused by illegal acts to society: one is that illegal acts have caused actual damage, such as corporal punishment of students, which has hurt children's health; The other is that although the illegal act has not caused actual damage, this possibility already exists. For example, the relevant departments know that kindergarten houses are in danger of collapse, but they refuse to allocate funds for maintenance.
(2) Damage must violate the education law. On the one hand, it refers to the illegality of behavior; On the other hand, illegal behavior must be behavior.
(3) The actor is at fault. The so-called fault refers to the psychological state of subjective intention or negligence when the actor carries out the behavior.
(4) There is a causal relationship between the illegal act and the fact of damage.