Research On The Administrative Law Enforcement In Private Education

Private education is an important part of China’s education,and its administrative law enforcement plays an irreplaceable role in the development of private education in China.In our country the status of private education has experienced a process from fact recognition to law recognition,and the regulation of private education is a process from non-standard to standard.Regulation of private education in our country for a long time is mainly based on the related policy and meeting resolution.Government behavior cannot be effective specification,so it is the damage the legitimate rights and interests of private education,and it is not conducive to the healthy development of private education.The Fourth Plenary Session of the 18th CPC Central Committee made major plans for comprehensively advancing the rule of law in China,emphasizing the rule of law as a basic way of governing the country and upholding the integrated construction of a law-based country,government and society.The administrative law enforcement of private education has been put on the agenda as the legal means for the government to regulate private education,and has become the main way for the government to regulate private education.At the same time,the country promotes the transformation of the focus and method of education management to rely on administrative law enforcement,so as to realize the supervision according to law.Therefore,it is very necessary to study the basic problems of administrative law enforcement of privately-run education,which can provide theoretical basis and realistic strategies for administrative law enforcement of privately-run education,which is conducive to regulating the government behavior of administrative law enforcement of privately-run education in our country and protecting the legitimate rights and interests of privately-run education subjects.Firstly,the connotation and extension of the administrative law enforcement of private education are discussed theoretically,and the scope of the administrative law enforcement of private education is defined according to the needs of the research.Focusing on the practice of administrative law enforcement of private education in China.This paper restricts the connotation and denotation of administrative law enforcement of private education,aiming to define the object of discussion as the most basic administrative law enforcement behavior implemented by the government.Secondly,from a vertical perspective,the administrative law enforcement actions of private education implemented by the government can be generally divided into administrative examination and approval,support and guarantee,management and supervision for the market access of private education,which is mainly manifested as the implementation of administrative actions.From the horizontal level,the administrative law enforcement behavior of private education implemented by the government is regulated by administrative law norms,and it involves multiple elements of administrative law enforcement in the implementation process,such as law enforcement subject,basis,procedure and so on.This article is based on the vertical basic form of administrative law enforcement as the carrier,analyzing the elements of each law enforcement link one by one.Thirdly,through the analysis of the above status quo,this paper puts forward the problems such as the imperfection of the laws and regulations system of private education,the irregular law enforcement behavior,and the backward law enforcement system and mechanism.Finally,combining the law enforcement practice of private education in our country and integrating the existing law enforcement resources,this paper puts forward practical and feasible suggestions for improvement.Clarifying the internal logic of the laws and regulations of privately-run education,and clarifying the rights and responsibilities of the main body of administrative law enforcement are the premise of the administrative law enforcement of privately-run education.In the process of law enforcement,we should pay attention to thestandardization of law enforcement procedures,and form the linkage mechanism of the administrative law enforcement of privately-run education.