Governing education according to law can not only effectively ensure the macro-management control of education by the state, but also greatly improve the efficiency of national education administration and become the most authoritative means of national education management. Countries not only attach importance to education legislation, but also attach importance to education law enforcement and justice. The education law enforcement system and supervision system are clear, the law enforcement responsibility is clear, and the law enforcement relationship is smooth; There is a perfect internal and external judicial system to deal with educational disputes. However, the legalization of education will ultimately be reflected in the implementation of the education law. The implementation of the education law can not only use administrative means, but also rely on legal means.
The following points are worth learning from in the construction of educational legal system:
(1) A system should be established to formulate, amend and abolish educational laws and regulations in a timely manner.
With the deepening of educational reform and development, it is necessary to clean up and rectify the existing educational laws and regulations. Revisions should be revised and supplemented, and those that are no longer suitable or even hinder the development of education should be abolished and re-formulated.
(2) On the premise of the principle of national legal unification, expand the legislative power of local education.
China is a unitary country, emphasizing the unity of the national legal system. However, the special national conditions require us to expand the authority of local education legislation while emphasizing national education legislation, and give full play to the positive and due role of local education in the construction of educational legal system. We should not only give full play to the advantages of the unification of education legal system in unitary countries, but also attach importance to and strengthen local education legislation, formulate local education laws and regulations suitable for local education reality, promote the development of local education, and continuously accumulate experience.
(3) While perfecting statute law, we should gradually increase the supplementary role of case law.
At present, China's education legislation is mainly written law, and some important cases formed in judicial practice are only the result of legal application, not the source of law. In fact, due to China's vast territory and unbalanced economic and social development, it is difficult to summarize all kinds of complex events in real life only by relying on abstract written laws. Therefore, in the current situation that China's education legislation is not perfect, it is even more necessary to supplement some typical cases to make up for the shortcomings of written law.
(D) Scientific legislation, the establishment of educational laws and regulations system with China characteristics.
At present, China is exploring the establishment of educational laws and regulations system with China characteristics. We can neither overemphasize the logic of the system, simply pursue the perfection of the educational laws and regulations in form or logical system, nor blindly legislate on the pretext of the development of the situation. Instead, we should consider all aspects and design a block diagram of China's education laws and regulations system in combination with the scientific and targeted nature of legislation.
(five) to improve and perfect the supervision mechanism of education law enforcement.
It is a weak link in the construction of China's educational legal system that laws are not obeyed and laws are difficult to follow. Therefore, it is necessary to seriously analyze and study the effective experience of foreign education law enforcement supervision, establish the supervision mechanism of education law enforcement, and improve and perfect the systems of teachers' appeal, education administrative reconsideration, education administrative supervision and education administrative law enforcement inspection. We will try out the mediation system of educational disputes, the arbitration system of education, the punishment and appeal system of students, explore the supervision system of educational law enforcement that adapts to the reality of China's educational legal system construction, and ensure the implementation of educational laws and regulations.
(6) Strengthen the theoretical research and discipline construction of educational law.
At present, the theoretical research of educational law in China lags behind the needs of educational law practice, and many important theoretical and practical problems need to be studied and solved urgently. However, the construction of educational law research team, the present situation of educational law research and the development of educational law discipline are far from suitable. Therefore, the education and legal circles should make joint efforts to improve the organizational form of educational law research, attach importance to the cultivation of educational law professionals, scientifically carry out special research on educational law, expand exchanges and cooperation with foreign counterparts, prosper China's educational law, and better serve China's educational legal practice.