Concrete Implementation or Selectively Transplantation: Interpretation for Draft of Revised Package of Education Law
On September 5th, 2013, the Legislative Affairs Office of the State Council P.R. China issued the Draft for Revised Package of Education Law and sought opinions from the public. There are several characteristics in the revised draft. Firstly, the aim of the revision was to implement the Outline for National Education Reform and Development of Middle and Long-term Planning Programs However, the content does not have specific provisions about how to implement the outline. It just selectively transplanted the unclear terms in the outline such as Educational Informationization, Educational Modernization and Education Internationalization, which lower the operability of law. Secondly, this development process of the law leading by government presented a value orientation of emphasizing supervision rather than the rights, which resulted in that the revision of Teacher's Law only concerned the teachers’ management system, but neglected some key problems. Thirdly, the classification of non-state funded schools into the for-profit legal person or the non-profit legal person is one of the important features in this revision. As the for-profit private schools belong neither to the non-state funded enterprise, nor to any other corporate type in General Rule of Civil Law, further support and coordination from other laws and regulations are needed.
|關鍵詞||教育法律、一揽子修订、教育信息化、教育国际化、选择性移植、education law、a package of revision、educational informationization、education Internationalization、selectively transplantation|