Since The Reform And Opening Up Of Educational Legislation And The Effectiveness Of The Analysis And Countermeasures

Since the reform and opening up,China's educational legislation has undergone a tortuous course of development, has made considerable progress,and has formed a relatively complete system of education law,which plays an important role in our country's socialist modernization.With the first education law "Regulations of the People's Republic of China on Academic Degrees" adopted by National People's Congress, our country's education career began to track towards to the rule of law.In march 1995,the most important law in our education law system,"Education Law" was promulgated.It summarizes the successful experience on the reform and development of our educational career from the founding of New China,especially from the reform and opening up.It standardizes the important principles in our educational reform and development comprehensively,which provides legal guarantee for implementing the education's strategic position of priority development,and for legislating other educational laws and regulations.Subsequently,"Vocational Education Act" and "Higher Education Act" and so on were enacted,so our country has basically set a educational law system based on "Education Law"as the core,and has been on the right track to comprehensively manage education according to law.However,our country's educational legislation has so many problems,which has many reasons,for example,lack of deep traditions on law,the history of educational legislation is relatively short,and the basis of educational legislation is weak extremely. In addition,with the development of the socialist market economy and the reform of educational system,the disadvantages of our educational legislation have become increasingly prominent.Compared with other developed countries like the United States, France, Japan,our country still has a considerable gap.For example,legal structure is not perfect,on the one hand,our educational law can't encompass every aspects,has so many loopholes;on the other hand,the lever of law is disordered,and the supporting regulations lag behind seriously.Besides that,the legialative technology is very low,the legislative quality is not high, hierarchy,systematization,completeness is not enough,the content is empty and the legislative procedure is not rigorous.The paper includes four parts:firstly,preview the development course of our country's educational legislation from the reform and opening up,that are classified four stages,the stage of preparation,the start-up phase,the maturation period,and the stable phase.Besides that,the paper analizes the reasons that the educational legislation has made much progress.Secondly,analize the successful experience of the United States, France, Japan; Thirdly, summarize the problems in our educational legislation compared with other developed countries;Finally,put forward some suggestions,for example,enhance the theoretical research,enact "School Law," "Student Law," " Education Funding Act", "Adult Education Act", "Test Law"and so on,enhance the supporting laws and regulations,improve the technology of legislation and improve the legislation procedure.