First, the legal system of ethnic education is extremely imperfect and the level of laws and regulations is too low. Judging from the existing laws and regulations on ethnic education, there are more administrative regulations and normative documents on ethnic education, but fewer laws and regulations. So far, there is not a separate law on ethnic education, nor a basic law on ethnic education stipulated by the Constitution and the Education Law, and the system of ethnic education laws and regulations is far from being established. Due to the imperfect system of laws and regulations on ethnic education and the low level of laws and regulations, the rigidity of laws and regulations is inevitably insufficient, which affects their effectiveness and makes it difficult to play its due role in safeguarding and promoting ethnic education. In 2002, the state initiated the drafting and investigation of the Regulations on Ethnic Minority Education, and planned to make clear provisions on important basic issues in ethnic minority education at the level of administrative regulations, and planned to promulgate and implement the Regulations on Ethnic Minority Education during the Tenth Five-Year Plan period. However, the Regulations on Minority Education has not yet been promulgated. At present, in order to meet the needs of governing the country and teaching according to law, as well as the needs of further reform and development of ethnic education, it is urgent for relevant parties to put the formulation of the Regulations on Minority Education on the urgent work agenda and promote its promulgation as soon as possible. At the same time, from now on, we will start drafting the basic law of minority education in China, and actively create conditions for its promulgation. The drafting and formulation of the Law on Education for Ethnic Minorities will greatly promote the construction and improvement of China's ethnic education laws and regulations system, and make China's ethnic education career embark on the legal track as soon as possible.
Second, the guiding ideology of ethnic education legislation is biased. Through the investigation of the history and present situation of China's ethnic education legislation, it is not difficult to find that China's ethnic education legislation pays more attention to protecting the right of ethnic minorities to education, especially the right to enter the mainstream society, while ignoring the provisions on the status and role of ethnic education in inheriting and developing national culture. There are few contents about maintaining and developing the traditional culture of ethnic minorities in China's current laws and regulations on ethnic education, which is a major deficiency in the legislative content of ethnic education in China and a major bias in the guiding ideology of ethnic education legislation in China. This can be seen from the evolution of bilingual teaching policy in China. At the beginning of the founding of the People's Republic of China, China attached great importance to the study and application of minority languages, but now it pays more attention to the study and mastery of Chinese by minority students. For example, it is stipulated that Chinese courses should be offered gradually from the first grade in minority primary and secondary schools with minority languages as teaching materials, and the Chinese Teaching Outline for Full-time Minority Primary and Secondary Schools (for Trial Implementation) and the Notice on the Trial Implementation of the Chinese Proficiency Test for Minority Nationalities in Relevant Provinces and Regions are formulated, but there are few provisions for minority students to learn and use their own languages. Language is the carrier of culture, and the loss of national language will lead to the disappearance of national culture. Therefore, we must attach importance to the important role of national education legislation in safeguarding and promoting the inheritance and development of national culture. On the other hand, from the perspective of ensuring the equal right to education of ethnic minorities, China's ethnic education legislation pays more attention to the preferential treatment and care for ethnic minority students, but ignores the norms of their study guidance and assistance after entering higher schools, and fails to establish the concept of equality between ethnic education and general education. To a certain extent, this has led to the low academic performance of minority students, and they can't really implement their right to equality in education.
Third, the content of legislation on ethnic education is not perfect and the focus is not prominent. As mentioned above, the existing laws and regulations on ethnic education in China rarely contain the content of maintaining and developing the traditional culture of ethnic minorities, ignoring the provisions on learning guidance and assistance for ethnic minority students after entering higher education. In addition, other major issues in the development of ethnic education, such as the responsibility of the government to develop ethnic education, ethnic education funds, teachers, the cultivation of high-level and specialized talents of ethnic minorities, and scientific research on ethnic education, have been ignored or lack of specific and clear provisions. At present, the provisions on the basic major issues of ethnic education are mainly reflected in the Decision on Deepening Reform and Accelerating the Development of Ethnic Education promulgated by the State Council in 2002, which is relatively macro, not targeted and not operational. With regard to these issues, in the early days of the founding of the People's Republic of China, the China government formulated special laws and regulations such as "Explanation of Education Funds for Ethnic Minorities" and "Pilot Program for Training Ethnic Minority Teachers", but with the passage of time and the development and changes of ethnic education in China, many of these laws and regulations are no longer applicable. Therefore, it is necessary to strengthen the revision and abolition of ethnic education laws and regulations, or to formulate some new laws and regulations, so that the main problems in China's ethnic education, especially the prominent ones, have laws to follow and have strong operability and applicability.
Fourth, the legislation of local ethnic education is seriously lagging behind. Among 154 ethnic autonomous areas in China, only a dozen places have enacted ethnic education laws and regulations, and most places have not yet enacted ethnic education laws and regulations, which is incompatible with the development of central education legislation, the requirements of rapid development of ethnic education and its important position in local economic and social development. According to statistics, from 1985, with the approval of Jilin Provincial People's Congress, Yanbian Korean Autonomous Prefecture, the first autonomous regulation of ethnic autonomous areas in China, was born. By the end of 2000, ethnic autonomous areas had enacted 33 autonomous regulations 133, 280 separate regulations and 64 adaptive or supplementary regulations. [1] Compared with this, the legislation of local ethnic education is obviously lagging behind.
Fifth, there are still some problems in the current laws and regulations on ethnic education, such as the nonstandard legal form and language, and the urgent need to strengthen the theoretical research on ethnic education legislation.
In view of the present situation and problems of China's national education legislation, in order to strengthen the national education legislation and change the unsuitable situation as soon as possible, we must first establish a scientific and correct guiding ideology of national education legislation, clarify the basic principles of national education legislation, and on this basis, study and determine the content of national education legislation according to the actual needs of China's national education development, and promote the national education legislation work in a scientific and orderly manner from the perspective of establishing and perfecting the national education legal system. Only in this way can we improve the quality and efficiency of minority education legislation, avoid the blindness and arbitrariness of legislative work, avoid unnecessary overlap and repetition between laws and regulations, and make minority education legislation really play a role in escorting national education as a whole.