Research On The Value Orientation Of My Country's Educational Legal System Construction

The value orientation of the construction of educational legal system is the accurate design and distribution of the weight occupied by the value that can be realized by educational legal system on the basis of value judgment and social reality.It is rational and explicit and characteristic of objectivity, subjectivity, historic nature and transcendentality. Its positive function is manifested as the transcendental guidance for the construction of education legal system while its negative function is manifested as the hysteretic obstruction for the construction of educational legal system, and its contents include the value orientation of educational legislation, the value orientation of educational judicature and the value orientation of educational law enforcement. In the modern society governed by law, steps forming the value orientation of the construction of educational legal system include value cognition, value gaming, value evaluation, and determination of scheme. Among that, value cognition is the professional activities of scholars and the subjects of legal construction (including legislative, judicial subjects and law-executors), including the cognition of the existing theories of value and the cognition of the current situation of the value orientation of the construction of educational legal system; value gaming is the activities in which multi-subjects express their value appeal on the basis of their values under the democratic system; value evaluation is the value evaluation standards of the construction of educational legal system formed on the basis of value cognition and value gaming. The value orientation formed according to the said standards is at the theoretical level and restricted by social reality, while the value orientation finally formed is reflected in positive law in the form of concrete rights, obligations and responsibilities.By this logic, the author combines pedagogical and legal theories to design index system respectively to panoramically scan the order, freedom, fairness, efficiency and procedural value involved in the9Chinese laws including the Constitution (411articles in total) and the50administrations laws and regulations on education promulgated by the State Council from1980to August2013(825articles in total), and finds that China's educational legal system has such value orientation deviations as "emphasizing order over freedom","emphasizing efficiency over fairness" and "emphasizing entity than procedure". Although the value orientation of the construction of educational legal system has gradually become reasonable since the reform and opening up, the existing problems have not been entirely eliminated and it results in obvious value conflict. Value conflict is the abnormal state of value gaming and the basic reason why the operation of educational legal system is blocked. It is the conflict among various value items and also the conflict among the different value evaluation standards followed by subjects, and is finally presented as the conflict between power and rights in practical laws. The primary cause for value conflict is social reform, the immediate cause is value diversification, and the internal cause is the contradiction between the complexity of education and the limitations of the regulation by law. Only by adjusting the value orientation of the construction of educational legal system and eliminating the value conflict of educational legal system can the development direction of the construction of educational legal system be corrected fundamentally and can the operating efficiency of legal system be improved.In order to adjust the value orientation of the construction of educational legal system, it is necessary to change the concept of educational order and safeguard educational freedom, balance compensation and lay equal stress on fairness and efficiency, strengthen right relief and reflect procedural relief, and establish "people-oriented" values. Furthermore, use the principle of multiple checks and balances, the principle of human rights, the educational principle and the principle of procedural justice to integrate the value conflict of educational legal system. At last, the difficulties of forming reasonable value orientation is the lack of value research that takes education act as the special object at the theoretical level, and the establishment of democratic system participated by multi-subjects and the changes in the relationship among subjects at the practical level. It is necessary to take the law of education and the law of people's physical and mental development to serve as the basis of educational legislation, further reinforce the democratic legislative mechanism and enhance desirability, and make use of discourse ethics and other principles to change the relationship among subjects, strengthen dialogue and turn the multi-subject appeal into legal will. In addition, improve the wording paradigm in specific laws, clarify the value orientation in positive law, reasonably distribute rights and obligations, further normalize the execution of rights, and establish a legal culture in which there are laws to abide by, the laws are strictly observed and rights are safeguarded according to law, and enhance citizens'consciousness of safeguarding legal rights and their confidence in law.