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Examine The Legislative History Of The Nanjing National Government Early Education

Posted on:2003-08-08Degree:MasterType:Thesis
Country:ChinaCandidate:R Z HuFull Text:PDF
GTID:2206360065957066Subject:Legal history
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Within twenty years of its government from the founding of the Republic of China on April 18, 1927 to the year of 1949, the Republic of China has witnessed a great many changes in the legislature as to the education, the educational institutions, ranging form the organization to various activities and educational administration. Legislation on education has framed the contremporary China's educational institutions and bridged the gap between contemporary China's education and that in major Western countries. In this thesis, the writer, based upon a comparative approach, and from a hstorical perspectives, observes the motivation of legilation on the education, the system of the educational law-making, and the principles underlying the educational law, and a comprehensive evaluation of the whole set of the educational law-making, with the intent of placing the educational law-making betweeen 1927 to 1937 in the Republic of China into the position of the historical continuum of the educational legislation, both foreign and domestic, so as to gain a resourceful insight into the educational law-making mechanism in that period of time. The whole thesis can be divided into the following parts.In the Introductory beginning, the writer briefly discusses the status quo of the present study, the purpose the writer intends to achieve, and the methodology employed in the present study.Part I expounds the significance of the education that every state in the present world countries attach to in the respective country, with the aim of illustrating that education is an important instrument that a country can depend upon to establish the right to education, to popularize the education for people of all walks of life and to implenment the policy of the state intervention in education. As a product of the China's modernizarion drive, the Republic of China has, from the very beginning of the founding of a new country, recognized the importance of ducation, and has made laws or regulations oneducation, implemented the policy of the state centralized intervention in educational cause of the country. Influenced by the civil-law tradition of legislative models, the governemnt of the Republic of China has enacted a comprehensive set of laws accommodating the needs of various kinds of the schools and higher institutions, catering to the requirements of the educational facilities and to the demand of the educational administration. On the basis of learning from the Western legal traditions and applying the legal principles concerning education, the Republic of China recognizd the equality of educational opportunity, compulsory education, the openness of the education, clearly demonstrating the basic rights and duties concerning education, laying the foundation for the regulation of various relationships among the complicated educational hierarchy.On the basis of a comprehensive analysis of the provisions and stipulations of the educational rules and regulations, the writer in Part II concludes that the establishment of the educational legal system in the Republic of China is the product of synthesizing the fruits of the Chinese educational reform and absorbing the advantages as well as the mettle of the educational rules and regulations embodying in the legal systems of the major industrialized countries. Rules and stipulations as to the school administrations and management, entrance requirements, examinations, policy of granting the degrees to the students, educational objectives and curriculum design and other matters concerning education marked the smooth operation of the educational institutions in China, enabling educational activities to run their own course. In addition, stipulations as to the coexistence of the public and private schools, prerequisites as well as the preconditions required of the setup of an educational institution, staff members enrollment, remuneration, funding of the educational expenses, allocation of the resources and other relevant matters, can be ensured. Furthermore, provisions specifically...
Keywords/Search Tags:Legislative
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