On The Efficiency For The Administrative Power Exertion In Education

For a long time,education administrative departments have not effectively implemented the education laws and regulations,seriously hampering the effectiveness for the exertion of administrative power in education.Since reform and opening-up,China has established the system of 7 education laws and more regulations,ending the history of no rule to follow.However,"rule of law" does not mean "rule by law".Effective implementation of education laws and regulations is also important.How to effectively implement the education laws and regulations became the main problems faced by the study.Currently,there are a large number of the ineffective exertions of administrative power in our education administrative practice,resulting in the ineffective implementation,such as unclear administrative bodies and their responsibility,illegal administration, slack administration,improper procedures,ineffective supervision,legislative lag lack of coordination between bodies and so on.The first reason for the ineffective exertions is inadequate investment in education,lacking the responsibility system of the investment.Others are no theoretical research,unconvincing theoretical research,rigid education administrative system, correlative reform seriously lagging behind,bureaucratism in the administration,belittlement of rule by law.By Literature analysis,investigation,interviews,case studies and comparative analysis,in "practice-theory-system" study process,author lucubrates on the efficiency for the administrative power exertion in education in the paper.The theme shows the great value in both theory and practice in education laws.The administrative power in education is an important component of state administration power.It includes organization,leadership,management and supervision in the education reform and development by the administrative bodies.It characterizes the legality,implementation,benefits,and expansion,constant and discretionary.The exertion of the power is an administration in education by the administrative bodies.Apart from the nature of implementation,order,criterion and procedure in the exercise of executive power,it shows its own characteristics:diversity of the bodies,particularity of the object,synergies of exercise,diversity of model,comprehension of means and the extension of supervision.The efficiency for the administrative power exertion in education means to accomplish its task of developing education and achieve the goals in line with national laws and regulations,the party's education policy,the general roles of the development of education and the fundamental requirements of administration.It requires the effective protection of the behavior permitted,the real compliance of the behavior mandated and the truly ban of the behavior forbidden.It is necessary to provide full money,staff and equipment in order to meet the requirements.These result from the legal base of public welfare.The efficiency for the administrative power exertion in education has following main assessment criteria:the adequacy of the bodies,the legality of the contents;the Justification of the procedures,the effectiveness of the process;the achievement of the goal.To fulfill the functions needs the establishment of specialized supervision institutions.On this basis,this paper proposed reform ideas from flowing aspects:Firstly,to update the concept of exertion of administrative power in education:the concept of administrative legality,building the law-oriented education administration;the concept of administrative effectiveness,building a effectiveness-oriented education administration;the concept of administrative limitation,building the limited-oriented education administration;the concept of administrative limitation,building the limited-oriented education administration;the concept of administrative responsibility,building the responsibility-oriented education administration.Secondly,to establish a principle of effectiveness for the administrative power exertion in education:the legality and reasonability of exercise,the justification of the procedures and limitation of exertion.Thirdly,to innovate in the measures to the effective exercise of the power:clearing the bodies excising the power;further changing the functions of Educational Administration;opening the education administration;establishing the educational and administrative coordination mechanism; cultivating the education intermediary organizations;building the supervision mechanism; Strengthening the enforcement of Administrative law in education;establishing and perfecting the educational and administrative laws and regulations in education.In theory,its innovation lies in:defining the concept of the administrative power in education, analyzing the traits of the power exertion,advancing the theories of restrictedly and moderately Intervening,improving the preferable measures to exert the power,suggesting how to perfect the rule on the efficient administrative power exertion in education.In practice,its innovation lies in:exploring innovative measures of the effective exercise of the power;proposing the reform ideas about the bodies,such as the establishment of bureau of vocational education and the adult education,supervision office,enforcement teams, organizational merger;proposing the suggestions of authorization of the power to lower the bodies and supporting the provincial department of education administration reform test from Ministry of Education;Summing up the Chongqing administrative enforcement in education as an example; proposing the suggestions on how to enhance and perfect the rules on the efficient administrative power exertion in education.