Educational Administration, Rule Of Law

The author thinks that: With the progress of rule by law in China, it is urgent for the educational administration according to law. Under such background, research and inquiry into some problems that are put forward during the courses of legalization of educational administration is very significant for answering to reality. It consists of six parts.The first part is Introduction桝nalysis of Writing Reason and Motive. Traditional research method on the administrative law of education is far behind legal construction of educational administration, which is hardly conducive to coping with various new problems and phenomena occurring in the legal construction of educational administration a bit. So instead of traditional research on "what is the educational administrative law ", the author tend to proceed with "what does the educational administrative law", combine theoretical exploration into legal practice of educational administration, and pay more attention to security of right and exercise of liability, expecting a suit of practical system info to be built up to settle all kinds of educational issues.The second part talks about General Introduction of Educational Administration Legalization. In this part, the author first summarizes the concept and features of educational administration that can be defined in either broad sense or narrow sense. And this article adopts broad one. Then the author elaborates on connotation of legalization of educational administration, which is divided into four aspects. At last, through depicting evolution of the educational administrative legal system, the author indicates that the construction of educational administration legalization has still a long way to go.The third part analyses of the Value of Educational Administration legalization. In author' eyes, equality in chance,democracy, freedom, individual dignity are all pursuits that educational administration legalization should has been seeking. The historical mission that educational administration legalization bears is namely to create a set of mature; legal educational legal system for fulfillment of those ideals.The fourth part introduces some Important Principles in Chinese Construction of Educational Administration legalization. Firstly, According to the legal reservation principle, any limitation on student' personal freedom, property and educational right must be authorized by law. Secondly, due procedure principle tells us that whenever educational administrator exercises the power of educational administration, he/she should not neglect due procedure' function in protecting human right. And thirdly, principle of judicial review emphasizes the core status of court supervision in all exterior supervision ways for educational administration. Lastly, the principle of proportion requires the means of management be proportional to educational objective.The fifth part discusses Countermeasures of Educational Administration legalization. In order to realize the aforesaid goals, the author considers that it is indispensable that every essential factor participate in the course of legalization construction, which include self�'ontained legislation, strict enforcement, soundly judicatory and highly-qualified tipstaffs, consciousness of educational administration legalization etc.The last part studies a typical lawsuit about college administration. Based on Li jing, Li jun vs Chongqing Mail Electricity College, the author analyses the legal status of college, effectiveness of school regulation, relation between privacy of students and right of knowing of college, which bring society into hot debate. Author expects the necessity and feasibility of educational administration legalization would be demonstrated adequately through research on it.