Educational law is the result of people's understanding of educational law and educational legal phenomenon, which in turn guides and promotes the practical activities of educational legal system. It is of great significance for teachers and other educators to learn and master the knowledge of educational laws. ?
(1) Is it necessary to study the education law to meet the needs of managing education according to law?
In recent years, administering education according to law, as a basic strategy, has become more and more prominent in the field of education. The so-called rule of law is to implement, manage and develop education according to the national laws and regulations on education. It involves all kinds of state organs, educational institutions at all levels, teachers, students, other social organizations and citizens, including the implementation of education and teaching, the management of educational undertakings and other legal activities related to education. Managing education according to law is an inevitable trend of objective development. ?
First of all, on the whole, administering education according to law is the inevitable requirement of socialist legal system construction and the embodiment of the strategy of governing the country according to law in the field of education. After the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China, on the basis of summing up historical experience, the party and the state put the construction of socialist legal system on the important agenda, and put forward and determined "governing the country according to law" and "governing the industry according to law". In particular, the 15th National Congress of the Communist Party of China defined "ruling the country according to law" as the "basic strategy" of governing the country, and mentioned the height of "an important symbol of social civilization and progress" and "an important guarantee for realizing the long-term stability of the country". The legalization of state management inevitably requires that education should also be ruled by law. ?
Secondly, administering education according to law is the orientation of education and the objective requirement of its own development. With the development of modern society, education plays an increasingly important role in social life. It is an important symbol of comprehensive national strength, related to the future and destiny of the country and the nation, and has become the strategic focus of giving priority to the development of socialist modernization. Facts have proved that it is unstable to ensure the priority development of education only by "ruling by people", "being enlightened by * *" or simply by administrative means. It is necessary to manage education according to law, ensure that education is carried out according to law, and gradually realize the institutionalization and legalization of education, so that the development and reform of education will not change because of the change of views and concerns of * * *. ?
Thirdly, administering education according to law is an inevitable requirement of socialist market economy. Under the condition of market economy, the educational relationship has gradually changed from a single vertical administrative relationship under the planned economy system to a new pattern of educational legal relationship in which the horizontal educational relationship between equal subjects and a certain range of vertical administrative relations coexist. In the reform, there have been various forms of equal subject relations, such as joint education, entrusted training and directional training. The cooperative relationship between educational institutions and the joint school-running relationship of various social organizations are all contractual relationships. Teachers' management should also be gradually transferred to a relatively perfect appointment system, which is based on the employment contract. The great changes in the nature and mode of educational legal relationship make it an inevitable trend to govern education according to law. In particular, the promulgation and implementation of the Education Law of the People's Republic of China has initially formed the framework of China's education legal system, established the basic legal norms of educational activities, and marked that education has entered a new era of comprehensively administering education according to law. In this new situation, we must learn and master the knowledge of educational law to meet the requirements of administering education according to law and guide the practice of administering education according to law. ?
(2) Learning the education law is the need to improve the awareness of education law and enhance the concept of education law?
As a system of human society and an integral part of human civilization, law has a long history. Since there is a law in society, people have felt the power of the law and been protected or punished by the law, so they naturally think about what the law is and evaluate the current law and people's legal behavior. Since the reform and opening up, the legal work of education has not only started in an all-round way, but also made great achievements. But we can't help but see that in real life, on the one hand, the education laws and regulations that have been formulated have not been fully observed and fully implemented; On the other hand, people are not good at using legal weapons to protect their rights and interests because of their lack of understanding of the nature and function of law, the requirements and attitudes towards current legal norms, the evaluation of law, the evaluation of whether people's actions are legal and the concept of the legal system.
Therefore, it is the common requirement of the state for every educator to improve the legal consciousness and strengthen the concept of educational legal system, which is even more important under the new situation of fully implementing the rule of law. It is inconceivable that a cadre teacher who lacks understanding of the education law will strictly abide by the law and correctly implement the education law. Therefore, we must popularize the knowledge of educational law, transform the theory and knowledge of educational law into the firm belief of educators, and implement it in action. This is also an important measure to implement the Central Committee of the Communist Party of China's "1996-2000 National Cadre Education and Training Plan" and "arming cadres with scientific theories and enriching cadres with modern scientific and technological knowledge and all civilized achievements created by human beings". ?
(3) Is it necessary to study the education law to perform the duties of teachers correctly?
The Teacher Law of People's Republic of China (PRC) stipulates six obligations that teachers must perform in the form of law, among which observing the Constitution, laws and professional ethics is the first obligation, which is also the most basic requirement of the state for teachers. The law stipulates that teachers should fulfill five other obligations, such as implementing the national education policy, fulfilling the teacher employment contract, completing the education and teaching tasks, educating students on the legal system, respecting students' personality, stopping acts that infringe on students' legitimate rights and interests, and improving their political and professional level. Teachers are also required to have the basic knowledge of education legal system, be familiar with the basic spirit and main contents of current education laws and regulations, improve the level and ability of teaching according to law, and master the methods of safeguarding their own, students and schools' legitimate rights and interests according to law. Therefore, in the continuing education of teachers
Offering the course of educational law and systematically learning the relevant knowledge of educational law will undoubtedly improve their ability to analyze various educational phenomena from a legal point of view, standardize educational and teaching activities and mediate related disputes by using legal methods, perform their duties of teaching and educating people more comprehensively and accurately, and become qualified excellent teachers. ?
(4) Learning the education law is the need for teachers to lead students, promote the people to learn the usage of the law and consciously abide by the education law?
Learning the laws of education should not only be regarded as a teacher's personal matter. By learning the basic knowledge of educational legal system well, we can establish a good image of administering education according to law in society, guide students, parents and citizens to learn the usage of law seriously and consciously abide by the education law. Only when teachers, students, parents and citizens understand the law and usage and consciously abide by educational laws and regulations can the rule of law have a broad and profound social foundation. In a certain sense, the day when teachers, students, parents and the people understand the law, apply the law and consciously abide by educational laws and regulations is the time to realize the rule of law. Teachers have the responsibility to lead students, parents and people to learn the basic knowledge of educational legal system. They must learn well by themselves before they can take on this responsibility.