The Research On The Legalization And Implementation Of The Compulsory Education Law Of The People's Republic Of China In 1986

After the promulgation and implementation of the Compulsory Education Law of the People's Republic of China in 1986, Chinese compulsory education has actually marched on the legalized way. Chinese government and people has overcome incredible difficulties, finally realized the grand goal, and created a miracle of Chinese educational history, and even world educational history. The study on the Compulsory Education Law of 1986, is refreshment of the history course, the process of the proposal, gestation, formation, formulation and amendment, and gives the process historical description and research. This not only contributes the refreshment of compulsory educational system and solution of problems in compulsory educational development, but also contributes to overall construction, enrichment of educational history and subject content of education law.This thesis mainly studies on two aspects. The first one is the process of the reason and evolution of compulsory educational legislation. The second one is about how does the compulsory educational legislation impact the process of compulsory education, and their interaction. According to time sequence, the study describes and analyzes the contributions of the Central Party and State organs, social communities and individual people to the legislation, with the legislative background, preparation, process and executive clues, and based on current social political and economic development conditions, refreshes the evolution of policies and law system related to comp ulsory educational legislation through each stage. This thesis consists five parts: 1) Educational legal tradition of compulsory education law of 1986 (1949-1976). 2) Legislation preparation phase of compulsory education law of 1986 (1976-1985).3) Introduction of Compulsory Education Law of 1986. 4) Execution and development of Compulsory Education Law of 1986.5) Compulsory Education Law of 1986 and the future of legalization of Chinese education.This study abides by the original visage of Marxism, applying historical method, based on historical documents, and emphasizes the recording function of history to human activities. At first, considers compulsory education as one of superstructure and ideological phenomena to analyze and research, which is determined, realized and carried by economic basis and social practical conditions. Next, putting compulsory education legislation into premise that results from interaction of many factors—social background, economic development, historical evolution, legislative environment, effects of individuals and communities. Applying sociological method, analyzes the social phenomena in details, and forms a frame, rather than narrates the legislative phenomena isolated. In addition, it connects compulsory educational legislation with the development of compulsory education closely to find the relationship between compulsory educational legislation and compulsory educational task, namely, grasps the legislative phenomena from the standpoint of interaction between compulsory education legislation and social economic and educational development.The study on legislation and execution of the Compulsory Education Law of 1986, not only considers uniqueness of Chinese compulsory education legislation, but also follows the principles of education, at the same time, pays attention to the analysis of jurisprudence and international comparative research, and finds the laws underlying the historical events, legislation and execution of compulsory education in the interaction of general characters and specific property, and provides lessons for reality.It concludes that, the Compulsory Education Law of 1986 is proposed and made based on the summary of the experience and lessons of compulsory development, after a very long and tortuous exploration. Before this law, our educational career is in a downturn of development owing to no law to apply and rule of man. Learned from the cruel lesson, our country realized the importance and necessity of legalization of compulsory education. In the condition of that, the popularization of compulsory primary education has been finished, but the quality and levels of compulsory education have to be improved. The promulgation of Compulsory Education Law of 1986 makes our compulsory education march on the fast, healthy and virtuous way. The legislation is not only the need of political, economic and cultural development, but also the need of reform of educational task, especially the need of legalization construction. In the practice of enforcement of the law, our country perfects and amends the law gradually, and makes it protect citizen's rights to receive compulsory education.During the process of legislation, administrations try their best to complete the procedures, and show the good at gathering all useful opinions and democratic involvement, but the problems also exist, such as shortage of investigation before legislation, improper marker of law, lack of participation of people from the bottom of society, untimely publication of the Conditions and absence of surveillance mechanism.In legislative content, the Compulsory Education Law embodies the principle of the national interest supremacy. It is forward-looking, principled and brief. The problem is the restraint on the power of local governments at various levels is unidirectional.In executive process, the Compulsory Education Law motivate the regional education development, push the overall development of compulsory educational task, but costs shortage becomes the main barrier which obstruct the implementation of compulsory education. Shortage of compulsory education investment, inefficient management and low-level coordination influence the executive quality of compulsory education.Through summarizing the formation, execution, amendment and perfection of the Compulsory Education Law of 1986, analyzing the law, and comparing Chinese-foreign legislation, some inspiration could be drawn for the future educational legislative construction including the Compulsory Education Law.It is important to emphasize the National People's congress's legislative power and adopt it, rather than administrative agencies and the State Department do legislative work. Try our best to improve level of educational legislation, reduce low-level legislation such as Opinion, Rule and Summary in quantity, and minimize the importance of their function; make efforts to create democratic atmosphere, and provide the deputies of the People's congresses form different places, career, occupations with the same stage to express their opinions and suggestions; train people, especially people at the grassroots level the participant consciousness of educational legislation gradually, and create participation mechanism; complement the scientific investigation before legislation, the review procedure of draft, the procedure of judicial supervision; learn form Europe and America's legislative method, avoiding ambiguous expression, base on the reality, and pay attention to the balance of authority and responsibility to create more excellent Compulsory Education Law, protect and improve our country's compulsory education career progress.