Operation Of The Education Law

At present, on one hand, the concept or the slogan of the rule of law, the rule of education, education priority, and education fairness is held high. On the other hand, education law is in the situation of being weak, impractical, actionable reality. It has become a very urgent and significant proposition to fill the huge gap between concept and the reality, to turn "education law in text" into" education law in action" and to turn "dead and calm education law" into "active and dynamic education law in action" Therefore, the operation of the education law has been naturally selected as the research topic.First the study submitted the research model of the conventional nomology. It can be generalized into 4 categories: creation—logic, self-born—logic, self-born—experience, creation—experience. And evaluation is also made on the research model in nomology. Then it is focused on the research of the social engineering theory created by Pond, the master of the social law school. Following that the contents and elements of the social engineering theory are explained. Meanwhile, relative public service theory, survival and care theory and power control theory are also studied so that a proper theory founding basis can be found.It is found that social engineering theory by Pond famous for law operation effect can be a proper theory founding basis. It has internal compatibility with "Step inspiration Method" with classical analysis framework for policy analysis with the feature of the implementation by step and clear levels. On the basis of the analysis framework of social engineering theory and step inspiration method, the author constructed a new policy analysis framework, analysis framework of social engineering chain. Under the leadership of the analysis framework of social engineering chain, policy analysis has become the major research method of this study, with the questionnaire, interview, case study and price study as the auxiliary methods. Empirical analysis was conducted on a complete law operation period including the project establishment, construction, implementation, evaluation and revision.The research was conducted to the four operation periods of the compulsory education law, namely the setup of the agenda, the construction and its legislation, implementation and evaluation in a systematic and complete way. The research found that at the legislation of the compulsory education law. It is short of the guidance of the scientific and reasonable legislation theory and professional legislation technique was not applied and the government dominated the legislation of the compulsory education law. This has led to the problem of the abstract principle from beginning to end, illegibility, and policy teaching language with incomplete structure. The implementation of the compulsory education law has the problem of the no implementation supervision for the out-of-school children, the lack of subsidy of the compulsory education administration and hindrance to judicial supervision education administration. This research also found that the operation situation of the compulsory education law was not as optimistic as what is reported by governments at all levels. It is not satisfactory for the civilian's degree satisfaction for the compulsory education law, the evaluation for the effect of the operation of the compulsory education law and even the prediction of the implementation effect of the new compulsory education law since the problem of the shortage of the investment in the compulsory education, serious phenomenon of the out-of-school street children, the expansion of the gap of the compulsory education quality between city and country, urgent need for education fairness still existed. What is more, some local government even charge tuition fees for the children accepted compulsory education. It is against the law. We can generalized the problems existed in the operation of the compulsory education law into one core problem—illegal administration. It is the illegal administration leading to the ill operation of the compulsory education law. The reason for the breeding of the illegal administration lies in the absence of the democratic participation and open legislation. It is very difficult to have education legislation with high quality. Without the involvement of the judicial investigation, illegal administration has no limitations. The effect of the self-evaluation of the law implementation is incredible. Because of the pursuit of the political achievements of the government agencies at all levels, there is still phenomenon of fake report of the indexes for implementation of the compulsory education law in some localities. It disguised the truth if the operation of the compulsory education. The civilians called for the judicial involvement of the investigation of the education administration to control the abuse of the administration power with stable judicial power.Since illegal administration restricted the operation of the education law, illegal administration has to be controlled. The most effective method for the control of the illegal administration is to construct the legal system of the constructing administration power control. Most education law in foreign countries was born under the background of the welfare administration and service administration. Education law is the law of the administration power control. It is found that the education law in France, Germany, US and Taiwan Region with the purpose of the control of the government administration and the protection of the rights for civilian's education through the investigation of the education law in the countries and regions mentioned above. This study analyzed major education law documents such as constitution education terms, education law, compulsory education law, advanced education law, vocational education, etc. It is found that the education law in China should be categorized as the administration law. The purpose of its legislation is to ensure the realization of the education right of the civilians. However it is shortage of the application of the guidance of the legislation theory and legislation techniques. Following that, this study stated that the function of the education law lies in the construction of the core system with legal rigidity from the prospective of the consequence to realize the integration of the value acknowledge, education action, education organization.Through the empirical study, it is proved that several theory hypothesis, basic conclusions of illegal administration restricting the poor operation of the education law and some relative conclusions were made: legislation dominated by the government led to the low quality of the legislation; exclusion of the judicial involvement made the illegal administration of the government out of control; the implementation effect self-evaluated by the government covered the problem and the truth of the education law. It proposed that the poor operation of the education law can be improved from the beginning of the legislation by way of carrying out scientific and democratic legislation and improving legislation quality; the administration control mechanism by the program should be established to realize the self-restriction by the government and the administration supervision by the civilians; that the administration supervision control mechanism by the jurisdiction should be established to realize the administration power control by judicial power; that the administration supervision control mechanism by the social media organization to realize the administration supervision and balance by social organization. Many measures got together to remove the barriers for the operation of the education law.