Two, China's education legal system construction has made remarkable achievements, which has provided strong support and guarantee for education reform and development. The National People's Congress and its Standing Committee have successively enacted the Regulations on Academic Degrees, the Law on Compulsory Education, the Law on Teachers, the Law on Education, the Law on Vocational Education, the Law on Higher Education, the Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency. The State Council has formulated 16 educational administrative regulations, and all localities have formulated 1000. The implementation and supervision of the education law have been paid more and more attention by people's congresses and governments at all levels. Popularization of law in education has been widely carried out, administrative law enforcement and law enforcement supervision have been continuously promoted, and the construction of educational legal institutions and teams has been strengthened, laying a good foundation for comprehensively promoting the rule of law in the future. However, on the whole, the construction of educational legal system can not meet the requirements of governing the country and teaching according to law; The legal concept of the education system is still relatively weak; Administration according to law and running schools according to law have not yet become the conscious behavior of education administrative departments, relevant government departments and schools; The supporting laws and regulations of education law are not perfect; The pertinence and operability of legal norms need to be further strengthened; The phenomenon of ineffective administrative law enforcement and law enforcement supervision is more common.
Three, to further clarify the goal of strengthening the legal construction of education. From now on, until 2005 or a longer period of time, the construction of educational legal system should be guided by the spirit of the 15th National Congress of the Communist Party of China and the basic principles set by the Constitution, and follow the principle of the unity of socialist legal system and the basic policy of "abiding by laws, strictly enforcing laws and prosecuting offenders".
The management and development of the cause are fully integrated into the track of the rule of law. Form an educational legal system with reasonable levels and complete contents, which meets the needs of educational reform and development; Gradually improve the educational administrative decision-making and management system, strictly regulate the performance of statutory duties, and improve the level of administration according to law; Build a high-quality education administrative law enforcement team and form an open, just and fair education administrative law enforcement and law enforcement supervision system; Implement the autonomy of running schools at all levels and types, and manage schools independently according to law; Efforts should be made to improve the legal concept and legal knowledge level of the vast number of educators, so that handling affairs according to law becomes a science.
Fourth, improve and speed up education legislation. In accordance with the principle of unified law and statutory legislative authority, we will further improve the system of educational laws and regulations and speed up the formulation of supporting laws and regulations on education. Timely put forward the revised draft of the Compulsory Education Law and the Academic Degrees Regulations; Actively cooperate with the legislative work of the Private Education Law, and gradually improve the regulations and normative documents to promote the development and standardized management of private education. According to the provisions of education laws and regulations, relevant departmental rules and normative documents should be formulated for some important issues that are of general concern to the society and affect the development of education reform; In accordance with the principle of comprehensively implementing the national education policy, facing all students and promoting their all-round development, the rules and regulations for comprehensively implementing quality education are established. It is necessary to actively promote the formulation of supporting local laws and regulations such as education laws and administrative regulations, and accelerate the progress of local education legislation. For the hot and difficult issues in education that have not yet been legislated and standardized, we can formulate temporary regulations according to the principles of legislation and local conditions, making them a useful supplement to national education laws and regulations.
It is necessary to further improve the quality of education legislation and enhance its systematization, rationality and operability. It is necessary to strengthen the research work in the early stage of legislation, do a good job in the feasibility demonstration of the draft laws, regulations and rules to be formulated, listen to opinions extensively, conduct in-depth investigation and study, accurately grasp the party's policies and relevant laws and regulations, and realize the democratization and scientificity of educational legislative decision-making. It is necessary to establish the formulation procedures and legality review system of rules and normative documents, and improve the filing system; Pay attention to the review and cleaning of existing regulations and normative documents. Those that do not conform to the principles and spirit of reform, or conflict with the superior law, should be revised or abolished in a timely manner in accordance with legal authority and procedures.
Five, strict administration according to law. Administration according to law embodies the basic characteristics of the operation mode of administrative organs. The education administrative department and the relevant government departments are the key to realize the rule of law. Education administrative departments at all levels should strive to change their leadership and management methods, change their concepts, work habits and working methods that can no longer meet the requirements of governing the country according to law and administration according to law, be good at using laws to guide and guarantee education reform and development, and respect, implement and safeguard school autonomy. In strict accordance with the provisions of laws and regulations, clarify the authority and procedures of departments and functional institutions to exercise administrative power, and ensure that administrative decisions and administrative actions conform to the provisions and principles of the law. Gradually promote the openness of government affairs, and make the working rules, procedures and supervision channels involving the vital interests of the masses public. Straighten out the relationship between the government and the school according to law, clarify the rights and obligations of all educational subjects, and run the school according to law. Promote the establishment and improvement of the school legal person system, and gradually establish and improve the supervision and evaluation mechanism for schools. In accordance with the statutory principle of giving priority to the strategic position of barrier-free education, we will actively promote the implementation of the "three growth" of education funds and improve the treatment of teachers. According to the relevant laws and regulations, we should clarify the management responsibility of running schools by social forces, improve the examination and approval procedures, standardize management behaviors, and ensure the healthy development of running schools by social forces.
Strengthen education administrative law enforcement. Educational administrative departments at all levels should consciously perform the main duties of educational administrative law enforcement, improve the law enforcement responsibility system based on the administrative leadership responsibility system, clarify the administrative law enforcement procedures, and handle and correct illegal acts in educational activities according to law. Effectively protect the basic rights of school-age children and adolescents to receive education, resolutely stop illegal acts that infringe on the legitimate rights and interests of students, especially those that harm the physical and mental health of minors, and ensure the healthy growth of students. It is necessary to cooperate with relevant government departments, rectify the internal and surrounding environment of the campus according to law, and maintain the normal education and teaching order of the school. Establish and improve the procedures and mechanisms for handling teachers' complaints and students' complaints, strengthen communication with people's courts, solve various educational disputes by judicial means, and protect the legitimate rights and interests of schools, teachers and students.
6. Actively promote the rule of law. All kinds of schools at all levels, especially institutions of higher learning, should raise their awareness of running schools according to law, formulate and improve school bylaws as soon as possible in accordance with the provisions of laws and regulations, and run schools independently after being audited by the competent education administrative department. Education and teaching activities should be carried out in accordance with the law to ensure the comprehensive implementation of the education policy. Establish an open system of school affairs, clarify the procedures for deliberation, decision-making and supervision of major school affairs and matters involving the immediate interests of faculty and staff, and give play to the important role of faculty and staff congresses in democratic management and supervision of schools. Standardize the management systems of schools according to law, effectively protect the legitimate rights and interests of schools, faculty and students, and actively assist relevant departments to investigate and deal with infringements. Seriously cooperate with the supervision and evaluation carried out by the administrative department of education according to law, and constantly improve the level of running schools according to law.
Seven, improve the supervision mechanism of educational administrative law enforcement. The education administrative departments at all levels shall strengthen the supervision of administrative law enforcement, implement the appraisal system, and establish a compensation system for misjudged cases in administrative law enforcement and a fault accountability system for administrative law enforcement personnel. Implement the "Notice of the State Council on Insisting on Implementing the Administrative Reconsideration Law of People's Republic of China (PRC)" (Guo Fa [1999] 10), establish and clarify the institutions and procedures for accepting administrative reconsideration cases in this department, and do a good job in administrative reconsideration. Any mistakes will be investigated. Strengthen the guidance and supervision of the higher education administrative departments to the administrative law enforcement work of the lower education administrative departments according to law. Education supervision departments at all levels should strengthen the supervision of administrative law enforcement agencies and their staff in accordance with the law to ensure that they perform their duties responsibly and correctly. Continue to improve the education supervision system, education supervision institutions at all levels should strengthen supervision and inspection of the implementation of the education law, and continue to
While carrying out the "two basics" supervision and inspection, we should strengthen the supervision and inspection of the implementation of quality education laws and regulations, and promote the establishment of a guarantee mechanism for the implementation of quality education. The administrative department of education shall actively cooperate with the supervision and inspection conducted by the people's congress, the legal department of the government and other administrative departments according to law, and gradually establish and improve the system of accepting the supervision of the masses and public opinion in educational law enforcement.
Eight, strengthen legal education, and create a good environment for the rule of law. It is necessary to take the study, publicity and popularization of educational laws and regulations as the basic work of comprehensively administering education according to law, and carry out it in an organized, step-by-step and focused manner in accordance with the law popularization plan. The staff of education administrative departments, especially leading cadres and education administrative law enforcement personnel, should first take the lead in learning the law, master basic legal knowledge and be familiar with the relevant provisions of education laws and regulations. Education administrative departments at all levels shall, jointly with relevant departments, train local leaders and school leaders in charge of education in batches on education laws and regulations and basic legal knowledge, and form a system. The basic knowledge of educational laws, regulations and laws should be regarded as an important part of the training and assessment of the staff of the administrative department of education and the person in charge of the school. Strengthen the guidance of law popularization in schools of all levels and types, carry out the study of laws and regulations and legal education among teachers and students, publicize and educate laws in various forms for the society, promote the formation of a social atmosphere of knowing and abiding by the law, performing their duties according to law, and standardizing behavior, so as to lay the foundation for the full implementation of the rule of law.
Nine, strengthen the legal institutions of education and education administrative law enforcement team. Educational administrative departments at all levels should further establish and improve educational legal institutions in accordance with the spirit of strengthening the government's legal work in the State Council's institutional reform, give full play to the comprehensive coordination and centralized management functions of legislation, popularization of law, administrative law enforcement, law enforcement supervision and other legal work, and equip personnel with higher political and professional qualities to enrich legal posts in accordance with the requirements of implementing various legal educational administrative law enforcement systems, so as to adapt the establishment and staffing of educational legal institutions to the task of educational legal construction. The establishment of health administrative law enforcement personnel training, assessment and certification system, and effectively improve the political quality and law enforcement level of administrative law enforcement personnel. It is necessary to strengthen the work of educational legal services, support social intermediary organizations to carry out educational legal consultation and services, explore the establishment of an educational legal aid system, and promote the gradual improvement of the educational legal service system.
Ten, earnestly attach importance to and strengthen the leadership of the construction of legal education. Education administrative departments at all levels should, under the leadership of Party committees and governments, take the construction of education legal system as a fundamental task to implement the basic strategy of governing the country according to law and ensure the healthy development of education, and earnestly do a good job. Establish a responsibility system for the main leaders to personally grasp the legal work, and regularly study and solve important problems in the education legislation, administrative law enforcement and law enforcement supervision of this department. It is necessary to take the situation of administration according to law and running schools according to law as an important part of assessing the performance of the staff of the education administrative department and the person in charge of the school.
Local education administrative departments should formulate practical and effective implementation measures in accordance with the requirements of this opinion and local conditions, continuously promote the construction of educational legal system, improve the level of administering education according to law, and create a new situation of educational reform and development.