On The Perfectionof School District Setting Legal System Of China

Compulsory education is the education that all children and adolescents of school age must receive in the unified implementation of the state.It is also a public welfare undertaking that the government must guarantee.In the whole education system,basic education is related to the national economy and people's livelihood,while the balanced development of compulsory education directly reflects the overall level of a country's political,economic and cultural development.In 2013,the Third Plenary Session of the Eighteenth Central Committee deliberated and adopted the Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning the Comprehensive Deepening of Reform,taking the "Trial School District System" as an important measure to deepen the comprehensive reform of compulsory education.At the same time,in recent years,the issue of school district setting has been circulated to the newspapers from time to time,and the heated debate caused by school district housing,cross-district school selection and so on has been constantly affecting the nerves of the people.School District system,as the main system of compulsory education in China since 1950 s,has attracted unprecedented attention nowadays.Although the existing educational laws and regulations in China have made relevant provisions on the establishment of school districts,there are still gaps in administrative legislation,which urgently needs the improvement of the legal system to respond to many problems.In the process of protecting citizens' right to education and exercising the functions of compulsory education management and payment,it is of great significance to improve the relevant legal system of school districts.The imperfection of the legal system may lead to unclear identification of the legal nature of school districts,confusion in the formulation process,and failure to take into account the allocation of compulsory education resources and fair protection of the right to education,which will lead to the impossibility of the purpose and function of school districts.But at present,there is a lack of relevant research in academic circles,and there is no systematic study on the construction of administrative legal system set up in school districts.There is far from a consensus on the definition of the nature of school districts,the principles,procedures and rights relief of school districts.In this paper,the topic of perfecting the legal system of school district establishment is discussed and studied theoretically.Through the analysis of the current legal system,the author tries to find out the relevant legal normsaccurately,and puts forward some ideas and suggestions for perfecting and developing the legal system of school districts in China in the light of the judicial practice and social situation in recent years.The first chapter is the basic theory part of this article.The aim is to clarify the key concepts involved in this article,and further explore the administrative law attributes of school district settings.Firstly,the connotation of school districts and school districts is elaborated,including sorting out the historical evolution of the development of school districts in China,the main body,purpose and effectiveness of school districts.Secondly,it emphatically analyses the main characteristics of the establishment of school districts in administrative law,including the legality of the subject,the specificity of the administrative counterpart,the discretion of the decision-making and the benefit-giving nature of the purpose of setting up the school districts.It points out that the essence of the establishment of school districts is the beneficial educational administrative payment behavior in which the legal subject exerts actual binding force on the specific counterpart.Finally,it makes an analysis of the administrative law attributes of school districts.This paper holds that the establishment of school districts is consistent with the administrative planning in terms of connotation.From the perspective of external binding force and substantive content,the establishment of school districts belongs to the planning of education specialty and to the detailed planning of cities.At the same time,the establishment of school districts is related to the overall allocation of compulsory education resources within the administrative region,involving the fundamental interests of the vast majority of citizens,and has a relatively mature practical basis,which should be included in the scope of major administrative decision-making matters.The second chapter analyses the existing system and practice of setting up school districts in China.The first section of this part mainly combs the legal normative basis of the current school districts in China,summarizes the development results of the legal reform of basic education in recent years,and concludes that China has formed a clear superior legal basis for the school districts,taking full account of the actual situation of development in various places and other advantages,but there are still shortcomings such as imperfect legal normative system and lack of procedural legislation.The second section of this part,combined with three typical cases of judicial practice,analyses the Actionability of school district setting,the application of the principle of nearest admission,the formulation,change and publicity of school district setting.The third section of this part explores the defects and reasons of the legal system of school district establishment in China from the perspective of substantive law and procedural law.The main problemsinclude the drawbacks of the principle of "enrollment nearby",the unclear principles of administrative law,the disconnection between substantive legal system and practical practice,and the lack of unified procedural standards in school district setting.From the subjective and objective aspects,this paper argues that the main causes of these problems are the lack of in-depth academic research,the neglect of national legislation,the rapid development of urban and rural areas,the change of urban functional areas,the accelerated flow of population,and the ambiguity of administrative discretion boundaries.The third chapter mainly discusses the value and strategy of perfecting the legal system of school districts in China.The first section of this part combs the value of perfecting the legal system of setting up school districts in China from the perspective of the state,the government and the society,and summarizes it as guaranteeing the balanced development of compulsory education,regulating the educational management authority of the government,and meeting the needs of public education,etc.The second section of this part puts forward corresponding strategies to improve the legal system of school districts in China.It holds that efforts should be made to establish the principles of administrative law for school districts and to construct the specific administrative law system for school districts.The main content of Chapter IV is to establish the administrative law principles for the establishment of school districts in China.The first section of this section analyses the procedural justice dimension of school districts,and establishes procedural principles of school districts from the perspectives of establishing legal guarantee,preventing administrative arbitrariness,safeguarding citizen's right of supervision,right to know,improving the rationality of administrative discretion and scientificity,including the principles of procedural statutory,public participation,procedural openness and explanation of reasons.The second section of this part makes an analysis of the substantive principles of school districts,including the principle of reasonable convenience for the people and the principle of protection of trust interests.It is based on the principle of near-entry and the principle of relative stability stipulated in the compulsory education law,and abandons the disadvantages of the two principles,and further deepens the administrative law attribute of the basic principles of school districts in China.The main content of the fifth chapter is to try to construct the administrative law system set up by our school districts.In the first section of this part,starting from the level of legal norms and systems,the author tries to adopt a comprehensive legislative model based on centralization and construct the establishment and change procedures of school districts in China.The second section of this part constructs a holistic legal relief systemfrom three aspects: the relief of power organs set up in school districts,the relief of administrative organs(including administrative reconsideration and internal supervision)and judicial relief.