Study On Educational Legislation At The Early Stage Of Republic Of China

Educational legislation of early Republic of China (1912-1927) has experienced almost 16 years development. Although suffering from government alternation and warlords separation war, educational law along with the historical progress, still survived and developed indomitable according to its own law of development. In this period, it was the establishment of Republic of China and the New Culture Movement that provided the turning point for the educational legislation development, and directly facilitated the union of bourgeois democracy legal educational thought and the education practice.The educational legislation of early Republic of China is the development period of modern educational legislation. Government and Ministry of Education altogether promulgated almost 340 important educational laws and regulations. From the horizontal perspective, the entire educational legislation content took the educational tenet legislation as direction, the educational administration legislation as the guarantee, the educational system legislation as the core, the social educational legislation, overseas educational legislation and private school legislation and so on as the important supplement, it has already built the modern education legal framework. From the vertical perspective, the educational legislation of Republic of China reflected the development process of educational legislation, and manifested the gradualness, the connection and the integrity of entire legislation advancement. This is the reflection of modern China society transformation in the educational field, which promoted the traditional education system to transform to modern education system, safeguarded the basic establishment of modern education system, and opened the modern China education legal framework preliminary construction.In the educational legislation system, educational legislation of the early stage of Republic of China, formed lots of basic legislation features, including the legislation principle of the harmonious development and imitated European and American, the legislation body led by government and promoted by others, the legislation jurisdiction mainly owned by central authority and coexisted by multistage, and the scientific and democracy legislative procedure. Those guaranteed the unification of scientific and democratic, rationality and efficiency of educational legislation, and attained the prominent progress in the theory and practice about ruling education by law, realized the Republic of China educational legislation surmount on the modern democratization path. This paper consists of five parts:The first part is an introduction. To definite the educational legislation, and proposes this paper's research scope and object, the research method and value. The second part is the background of the educational legislation of Republic of China earlier period. Emphatically the history analysis, which concludes the establishment of Republic of China and emerges of the New Culture Movement, explains the foundation of the legal educational thought of the Republic of China earlier period.The third part is the research of educational legislation main content of the Republic of China earlier period. Emphatically the content analysis, which consists of five aspects: the education objective legislation, the educational administration legislation, the school education legislation, the social education legislation, and overseas legislation.The fourth part is the analysis of educational legislation basic characteristic of Republic of China earlier period. Emphatically the theoretical analysis, which consists of four aspects: the legislation principle, the legislation body, the legislation jurisdiction, and the legislation procedure.The fifth part is the historical enlightenment of educational legislation of Republic of China earlier period, which summarizes the positive value and the historical limitation of Republic of China earlier period educational legislation. Those leave us a great deal of important historical enlightenment for constructing the perfect modern education legal framework and advancing the education modernization process...