| The Chinese Communist Party has led education legislation through four stages: the budding period,the exploration period,the development period,and the perfection period.Under the Party’s leadership,the education legal system has been continuously improved,and a more complete education legal system has been formed,including the pre-school education system,compulsory education system,higher education system,vocational education system,family education system,and private education system.The concept of education rule of law has been inherited,highlighting the basic concepts of establishing moral education,teaching according to law and school according to law.The Party’s leadership in education legislation has formed many valuable historical experiences,which are of great significance to the improvement of the current education legislation.Firstly,the Party’s experience in leading national education examination legislation includes insisting on "ruling examinations according to the law",exploring the "separation of admissions and examinations",and decentralizing schools’ independent admissions authority.Secondly,the Party’s historical experience in leading special education legislation is to attach importance to the construction of special education system and to form a special education guarantee mechanism with diversified subjects.Thirdly,the Party’s historical experience in leading legislation on lifelong learning includes building a learning society and a learning country and forming a perfect lifelong learning system.Fourthly,the Party’s historical experience in leading school-level legislation is reflected in the clarification of the autonomy of universities,the implementation of "one school,one charter" and the clarification of the rights and remedies of teachers and students.The socialist education legal system with Chinese characteristics has basically taken shape,but there are still problems that have yet to be solved.It is difficult to include some individual education legislation in the national legislative plan,and the existing individual education laws need to be supplemented,including the law on national education examination,the law on lifelong learning,the law on special education,and the relevant legislation at the school level need to be improved.The Party has been leading education legislation for more than 100 years,during which many valuable historical experiences have been formed,which need to be summarized and applied to the current education legal system.By sorting out the history of the Party Central Committee’s exploration of national education examination legislation,the development of lifelong learning legislation and special education legislation,and the conceptual innovation of school-related systems,we can summarize the historical experiences and replace them with legal contents with legal thinking,which can be used to improve the outstanding problems in the current education legal system.The specific suggestions are as follows: First,with regard to national education examinations,the legislation on national education examinations should be strengthened,the content of national education examinations should be clarified,the interests of the subjects of examination rights should be guaranteed,and the supervision mechanism of national education examinations should be improved.Secondly,for lifelong learning,the Lifelong Learning Law should be introduced as soon as possible to form a legal system of lifelong learning for multiple subjects such as communities,administrative organs and social organizations.Again,for the field of special education,a special education law should be enacted to form special contents and special principles unique to special education.Finally,for the school level,the scope of autonomy of school operation should be clarified,the school’s special charter should be formulated and managed autonomously in accordance with the charter,and the paths for student relief should be refined and the channels for teacher relief should be broadened. |
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