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研究我国教育改革30年来的教育权的结构与分配,可将其概括为纵向上的中央集权制与横向上的有限分权制交织而成的综合体。我国教育立法权由中央与地方的权力机关和行政机关共同行使,中央层次的教育立法进展较快,地方立法尚待发展。教育行政权的结构为中央集权型,但中央与地方、地方与地方、政府与学校之间又存在不同类型或程度的分权,集权与分权的特质并存于教育改革当中。教育司法权主要由地方人民法院行使,功能虽发挥较晚,但对教育法治具有重要意义,目前有待进一步拓宽介入范围并处理好与学术权的关系。
Studying the structure and distribution of the right to education over the past 30 years in China's education reform can be summed up as an integrated body of the longitudinal centralization system and the horizontal limited decentralization system. The legislative power of education in our country is jointly exercised by the power organs and administrative organs at the central and local levels. Education legislation at the central level has progressed rapidly and local legislation is yet to be developed. The structure of educational administration is centralized, but different types or degrees of decentralization exist between the central and local governments, places and places, and between government and schools. The centralization and decentralization of education exist in education reform. The judicial power of education is mainly exercised by local people's courts. Although its functions are played late, it is of great significance to the rule of law in education. At present, it is necessary to further broaden the scope of intervention and handle the relationship with academic rights.