Research On Educational Supervision From The Perspective Of Administrative Law

In China,educational supervision is an important educational administrative activity of the government,and also an important part of the modern educational governance system.Since the founding of the People’s Republic of China,educational supervision has played an important role in promoting educational reform and development.Since 1991,the former state education commission issued the interim provisions on the supervision of the education,education supervision in advancing on the way to the rule of law,2012,promulgated by the State Council "byelaw of education supervision,general office of the central committee of the communist party of China in February 2020,the State Council general office issued" on deepening the reform of new times education supervision systems and mechanisms of opinion ".The research on educational supervision in the academic world has been deepening,but the research field has been limited,mainly in pedagogy and management science,and the content is limited to the research on the status of educational supervision institutions,the operation mechanism of educational supervision and other management systems.As an educational administrative activity,educational supervision lacks research in the field of administrative law,and studies on legal basis,legal nature,behavior classification,implementation norms,supervision and relief of educational supervision are relatively shallow,and a complete theoretical system of administrative law has not yet been formed.The insufficient response of theoretical research to practice also restricts the standardization,effective use of educational supervision and the pace of system and mechanism reform.Clarifying the basic theoretical categories of educational supervision plays a guiding role in the study of educational supervision.Under the historical context of practical evolution,my country’s education supervision refers to the supervision,school supervision,evaluation and monitoring activities carried out by the main body of education supervision on the education and teaching of the administrative counterpart in accordance with the law according to the needs of public interests.It is related and different from administrative guidance,administrative supervision,administrative supervision and administrative evaluation,and has independent connotation and extension.Based on the ideological adherence to the high-quality development of education,the promotion requirements of the development of departmental administrative laws,and the need to clarify the premise of objective practical difficulties,education supervision should take the good governance of education as the value judgment standard,and protect the public interests while taking into account personal interests;The concept of balance is the analysis guide,protects the rights of citizens on the basis of restricting power,and enriches the theory of education supervision.The legal nature of educational supervision is the core content of educational supervision.Educational supervision has the basic attributes of administrative behavior.Its main body is educational supervision institutions,and its objects are the government and schools.The content includes supervision,school supervision,and evaluation and monitoring.Under the concept of power coercion after semantic reconstruction,the power coercion of education supervision has duality,in which supervising government has power coercion,and school inspection and evaluation monitoring have both power coercion and non-power coercion.The relationship of rights and obligations of education supervision is complex and diverse,and a single legal effect theory is not enough to support,and its legal effects should be discussed in multiple categories.Among them,supervision,school supervision without power compulsion,and supervision and monitoring do not have external legal effects,and have legal effects.The power-mandatory school inspection behavior and the supervision and evaluation behavior have external legal effects.The classification of educational supervision should follow logical rules.In addition to the general classification rules,education supervision combines its own typical characteristics and takes judicial-oriented as the classification purpose.According to the nature of education supervision and the judgment of internal administrative law theory,education supervision can be divided into internal and external activities according to the standard.Supervisory Behavior and Externality Supervisory Behavior.Based on the conflict between the ought and actual behaviors,the effectiveness of educational supervision behaviors should be classified.Internal supervision behaviors have public power,immutability,and execution power.External education supervision behaviors have legal effects.The power of change,incompetence,and execution,and the external education supervision without legal effect has the power of public determination and cannot be changed.Educational supervision should be implemented under the guidance of substantive principles and procedural principles.The substantive principles include the statutory principle of supervision,the principle of unification of powers and responsibilities,the principle of proportionality and the principle of professionalism,and the procedural principles include the principle of openness,fairness and participation.Principles have a basic guiding role in implementation.Under the guidance of principles,education supervision should clarify the cognition of functional integration,reverse the cognition of single function,and further promote the advancement of functional integration.Based on the consideration of educational fairness and administrative efficiency,from the three dimensions of unifying the status of educational supervision implementing agencies,formulating educational supervision and evaluation standards,and standardizing and strengthening the result application system,a unified standard operating mechanism is constructed.Establish a participation model of multi-subject co-governance from two aspects: perfecting the multi-subject participation procedure and standardizing the third-party participation mechanism.The supervision and relief system of educational supervision behavior is developed from three dimensions: administrative self-control,judicial review and social supervision.The administrative self-control of educational supervision includes establishing an internal accountability mechanism and strengthening the cultivation of administrative ethics.Judicial review of educational supervision behavior is necessary and feasible.The judicial review of educational supervision takes the supervision of regulating school-running behavior as an example.It should be carried out from procedural review and appropriate substantive review.Judicial review of evaluation monitoring is based on the evaluation of higher education.For example,the review should be based on the principle of judicial respect for highly professional administrative acts and the principle of cooperative governance administrative acts aimed at safeguarding the interests of the administrative counterpart.The social supervision of education supervision has its inherent logical necessity,and the legislative norms of social supervision should be improved and the supervision channels should be unblocked.