中国终身教育立法研究

发布时间：2018-04-29 22:24

本文选题：终身教育法 + 立法困境　；参考：《华东师范大学》2017年博士论文

【摘要】：终身教育的理念自提出以来,由于其对国家可持续发展的推动力和对公民强大的塑造作用而广受重视。目前,国际社会已有许多国家将终身教育作为一项重要理念来变革本国现有的教育制度,其推进方式和举措亦成为一个备受瞩目且值得研究的领域。不言而喻,法律由于其规范性、强制性和权威性的特点,是国家机器中最有利的制度推行工具。近年来,国际社会终身教育法制化的进程亦在逐步加快,美国、法国、日本、韩国等相继在终身教育领域进行立法并取得了积极的成效。终身教育的思潮自二十世纪八十年代传入我国以来,很快得到推广和普及。追随国际社会终身教育的发展趋势,我国终身教育的立法构想和规划也一再被提上议事日程。经过数十年的努力,我国国家层面的终身教育立法仍停留在"研究"和"构想"阶段,立法工作进展缓慢、举步维艰。我国终身教育立法为何陷入困境?是什么原因造成了如今的困顿局面?《中华人民共和国教育法》在2015年修订之后增加了多项条款对终身教育的规定予以充实,可见,终身教育立法的推进工作从未停止。国家层面立法之所以迟迟难以出台,既有立法实践方面存在的诸多内部问题,也有终身教育理论研究不足,以及终身教育体系构建空泛无序、实践推动浮于表面等外部因素。这些问题导致了立法规范难以准确定位,调整对象无法严密界定的尴尬局面,而立法的滞后无疑又阻碍了终身教育事业的健康发展。立法已然陷入困境,我们应该如何积极作为?国际上已有成功立法经验,文章对已有成熟终身教育立法体系的国家的终身教育立法演进及目前的法律文本做出分析,通过探讨他们立法中的利弊得失来吸取有益经验并避免可能出现的问题。需要指出的是,借鉴发达国家终身教育发展及立法成功经验不能仅仅进行"法律移植",充分的"本土化"才能构建一部适合本国终身教育发展的"良法"。我国当下出台《终身教育法》是否确有必要?立法的时机是否成熟?文章将结合我国国情做出终身教育的"立法可行性"分析。为了改变我国长期以来世俗、功利的教育观念,回归教育的生命本质,同时通过自上而下的推动实现终身教育体系的建设,弥补现有终身教育法律体系的断层,《终身教育法》的制定不仅必要而且迫切。此外,基于我国公民终身学习需求的增长,加之科学技术的支撑和经济基础的保障,以及现有的政策法律基础,《终身教育法》的制定在我国已经达到条件相对成熟的阶段。文章的第二部分,也即本文的四、五、六、七章,为破解长久以来困扰我国终身教育立法的难题,拟对国家《终身教育法》的立法要素、立法赖以推行的制度基础,以及国家终身教育立法的核心理念——"学习权"保障等关键问题进行深入探究与论述。目的在于从理论层面和操作角度为我国的终身教育立法提供可资参考的建议。《终身教育法》的产生使教育法律体系中又多了一部单行法,它在现有的法律体系中处于何种地位?该如何处理与现有法律体系的冲突?文章的第三部分,即第八章,意在明晰《终身教育法》与其他教育法律的边界与联系。这一探讨将为现有教育法律体系和未来终身教育法律体系的协调与统一奠定基础,同时也为日后《终身教育法》的顺利推行理清思路。
[Abstract]:Since the concept of lifelong education has been put forward, it has been paid much attention to the impetus for the sustainable development of the country and the powerful shaping role of the citizens. At present, the international community has taken the lifelong education as an important concept to change the existing educational system in its own country, and its ways and measures have become a focus of attention. It is self-evident that the law, due to its normative, mandatory and authoritative characteristics, is the most favorable tool for the implementation of the system in the state machine. In recent years, the process of the legal system of lifelong education in the international community has also been gradually accelerated. The United States, France, Japan, and Korea have made legislation in the field of lifelong education and have achieved positive results. The trend of life-long education has been popularized and popularized in China since it was introduced into China in 1980s. Following the trend of lifelong education in the international community, the legislative conception and planning of life-long education in our country have been put on the agenda again and again. After decades of efforts, the legislation of life-long education at the national level still stays in China. In the stage of "research" and "conception", the legislative work has been slow and difficult. Why does our country's life-long education legislation have been in trouble? What is the cause of the dilemma? < People's Republic of China Education Law >, after the revision of the 2015, a number of provisions have been added to the provisions of final education. It has never ceased to work. The legislation of the national level is difficult to come out. There are many internal problems in the practice of legislation, the lack of research on the theory of lifelong education, the construction of the system of lifelong education, the construction of the system and the external factors which float on the surface. These problems lead to the difficulty of the accurate positioning of the legislative norms and the adjustment of the legislative norms. The awkward situation that the object can not be strictly defined, and the lag of the legislation has undoubtedly hindered the healthy development of the lifelong education. The legislation has already fallen into a dilemma. How should we actively act as a successful legislation in the world and the legislation evolution and the current law of a country with a mature life-long education legislation system By analyzing the advantages and disadvantages of their legislation, the text makes an analysis of the advantages and disadvantages of their legislation and avoids the possible problems. It is necessary to point out that learning from the development of lifelong education and the successful experience of legislation in the developed countries can not only carry out "legal transplantation", and the "localization" can build a good "good" for the development of life-long education in the country. Is it necessary for the present law of life-long education in China? Is the timing of legislation mature? The article will make an analysis of the "legislative feasibility" of lifelong education in the light of our national conditions. In order to change our long secular, utilitarian education concept, return to the essence of the life of Education, and realize life-long education from top to bottom. The construction of the system is not only necessary but urgent to make up the fault of the existing legal system of lifelong education, and the formulation of the law of lifelong education is not only necessary but also urgent. In addition, based on the growth of the demand for lifelong learning of the citizens of our country, and the support of science and technology and the guarantee of the economic basis, and the existing policy and legal basis, the formulation of the life-long education law has been reached in China The second part of the article, which is the four, five, six, and seven chapters of this article, is to solve the problems that have been puzzling our country's lifelong education legislation for a long time, the legislative elements of the country's life-long education law, the institutional basis for the implementation of the law, and the core concept of the national final education legislation, "the right to study" and so on. The key issues are explored and discussed in depth. The purpose is to provide a useful reference for our country's life-long education legislation from the theoretical and operational perspectives. The generation of the life-long education law makes the education legal system more a single line of law. What is its position in the existing legal system? How to deal with the existing legal system The third part of the article, the eighth chapter, is intended to clarify the boundary and connection between the life-long education law and other educational laws. This discussion will lay the foundation for the coordination and unification of the existing legal system of education and the legal system of the future life-long education, as well as to clarify the ideas for the smooth implementation of the later life-long education law.

【学位授予单位】：华东师范大学
【学位级别】：博士
【学位授予年份】：2017
【分类号】：D922.16

【参考文献】