A Study On The Legal Nature Of Yunnan 's Educational Autonomy

The legality is a basic requirement to enhance quality of legislation and to perfect the laws system. Standing on principle of unity of pure jurisprudence and legal institution, with legality analysis as an entry point, this topic investigates 42 autonomous laws and regulations of education in Yunnan under the contradictory and harmonious vision of generality of legal institution’s unity and individuality of right of autonomy of education.There hasn’t been much importance attached by educational circles to the criteria of legality of autonomous laws and regulations and the research on it is rather unsubstantial. Through collecting autonomous laws and regulations of six legal rules of legislative principles, legislative jurisdiction, legislative procedure, ratification and deliberation, keeping on record and investigation, alteration and annulment, we can generalize that, in the three different phases of legislation, ratification and supervision, different legality criteria are applicable to autonomous laws and regulations.There are five problems in the activities of legislation: Wrong statement to the legislation basis; Weak understanding of education autonomy; Flaws in legislation announcement procedures; Conflicts in Legal Hierarchy; Dislocation of Regulatory interpretation; Unresponsive law abolition.In the aspect of contents of legislation there are five kinds of problems. The contents of legislation hasn’t adjusted i accordance with Compulsory Education Law newly revised in 2006. The assurance of educational expenditure doesn’t meet the regulations of higher-level law. The rights of the teacher have been reduced and their obligations have been added. The rights of the students have been set the constraints.The legal liability and relief are flexible to the regulations of higher-level law.In Regulations of Ethnic Groups Education of Chuxiong Yi Autonomous Prefecture in Yunnan Province which was revised in 2014, the core highlights are that eleven clauses which contravened legality were deleted. Legislatures’ efforts and wisdom of legality of education’s regulations are agglomerated in it. From the perspective of legislation practice, this has tested and verified the analysis and views of point the my research.