? In 20 14, the Ministry of Education identified eight pilot units for the reform of the education administrative law enforcement system nationwide, namely, the education administrative departments of Shanghai, Qingdao, Taiyuan, quanshan district of Xuzhou, Yiwu of Jinhua, Futian District of Shenzhen, Nanning and Bijie, and held four coordination meetings in Qingdao, Nanning, Shanghai and the four compulsory cities successively to analyze problems and seek common development. This book is the research result of Taiyuan Education Bureau, as one of the eight pilot units, relying on legal experts in colleges and universities to carry out the project of "Risk Prevention of Educational Administrative Law Enforcement", and it is also the concentrated achievement display of the reform of the national educational administrative law enforcement system, which has good guiding and practical significance for building a government ruled by law, educational administrative law enforcement, teaching according to law and running schools according to law.
? First, the overall structure and characteristics of this book
? This book is divided into two parts. The first one is that Taiyuan Education Bureau decomposes the functions and powers of internal law enforcement departments by comparing the list of law enforcement matters and the list of administrative powers. The second part mainly explains related issues in the form of questions and answers. In addition, the book also defines and explains related concepts such as "educational administrative law enforcement, educational administrative law enforcement subject, educational administrative law enforcement basis, educational administrative law enforcement behavior and educational administrative law enforcement risk".
? This book has several advantages. First, from the research goal, based on the list of administrative powers of Taiyuan Education Bureau, the law enforcement functions of the law enforcement offices of the bureau are clearly decomposed, the law enforcement procedures are further improved, and the law enforcement ability and level are enhanced. Second, from the perspective of research ideas, comprehensively sort out national education laws, educational administrative regulations, local education regulations and educational department regulations as the basis for administrative law enforcement of Taiyuan Education Bureau; This paper analyzes the management authority of Taiyuan Education Bureau. According to the behaviors made by Taiyuan Education Bureau in the exercise of administrative functions and powers, especially the types of behaviors, this paper classifies the educational administrative law enforcement behaviors of the entrusting units and lists their basis; Decompose the educational administrative law enforcement authority of Taiyuan Education Bureau into the authority of each functional office of the entrusting unit; Give risk tips to the potential risks found in the study and the risk links in the process of administrative law enforcement. Thirdly, in terms of research methods, case study method (taking the education administrative law enforcement of Taiyuan Education Bureau as a case), literature method, legal analysis method and empirical research method are adopted respectively, and the research methods are fruitful.
? Two, the status quo of education administrative law enforcement in our city.
? Reading this book is all about "applying what you have learned" and solving practical problems. It is true that Taiyuan Education Bureau, as a national pilot unit, took the lead in setting an example, summed up experience and set a direction and benchmark for us. However, sharpening the knife does not miss the woodcutter. According to the needs of the situation and responsibilities, we should gradually strengthen the legal education management of the city's education system. Just recently, the Provincial Department of Education has also conducted research on educational administrative law enforcement in various cities. Taking this as an opportunity, in order to further find out the base and strengthen the work, we also conducted research in the city simultaneously. According to the survey, our city has made some achievements in strengthening organization and leadership, strengthening team building, sorting out the basis of law enforcement, and strictly enforcing the law, especially in regulating the running behavior of private schools. According to the relevant regulations, the Municipal Education Bureau initiated administrative punishment procedures for five parties who found illegal acts through supervision and inspection, and guided the county and urban education administrative departments to carry out law enforcement activities, and made effective explorations and attempts.
? Third, some ideas.
? Judging from the survey results and objective reality, there are still some problems and difficulties in the administrative law enforcement of education in our city. First, the law enforcement power is insufficient. Education administrative departments generally do not set up special law enforcement agencies and full-time law enforcement teams, lacking corresponding law enforcement forces; At present, only 77 people hold valid administrative law enforcement certificates at the county level in Yantai City, and some counties and cities do not even have law enforcement personnel with valid administrative law enforcement certificates. Second, the law enforcement experience is not enough. For a long time, there are not many cases of law enforcement by the education administrative department. With the development of economy and society and the change of situation, there are more and more cases of adjudication and law enforcement in the field of education. However, due to the lack of law enforcement experience and corresponding law enforcement equipment, sometimes it is difficult to enforce the law in the face of uncooperative law enforcement targets, resulting in unsatisfactory law enforcement results. Third, the cooperative law enforcement mechanism needs to be improved. In the work, the cooperative law enforcement mechanism with the public security, industry and commerce departments has not really been established, and there are problems such as inconsistent industry law enforcement standards and unclear boundaries of law enforcement responsibilities.
? In view of the above problems and difficulties, we should focus on three aspects in the future work according to the experience and practice of the pilot units. The first is to strengthen team building. Relying on the team of legal advisers of the bureau, the organization will conduct regular and irregular training for the city's educational administrative law enforcement personnel, eliminate the blind area of business knowledge, and establish a general understanding of the educational administrative law enforcement work. At the same time, strengthen the awareness of the rule of law, improve their own legal quality and law enforcement ability, further clarify and standardize the management functions and behaviors of education administrative departments, and establish a responsibility system for education administrative law enforcement. The second is to explore the establishment of a cooperative law enforcement mechanism. Coordinate the establishment of a joint meeting system or collaborative law enforcement mechanism involving education, public security, industry and commerce, and explore joint collaborative law enforcement between cities and counties or across counties. The third is to carry out research on the reform of education law enforcement. Timely carry out or participate in the research on the reform mode of educational administrative law enforcement system, and sort out typical cases and theoretical basis. Referring to the practice of Taiyuan Education Bureau, according to the needs of work, timely form a report or a work manual to guide practice.
? At the same time, timely put forward work suggestions at the provincial level. First, it is suggested to issue guiding opinions on strengthening the establishment of internal institutions and team building of educational administrative law enforcement, further rationalize the responsibility system of educational administrative law enforcement, and strengthen the team building of law enforcement. Second, it is suggested to strengthen business guidance at the provincial level, organize relevant personnel from various cities to carry out learning exchange activities or business knowledge training as much as possible, enrich knowledge reserves and learn practical experience to promote the work.