The Study On The Review And Perfection Of Chinese Vocational Education Legislation

"Artisan spirit" calls for the development of vocational education.However,the Vocational Education Law,which regulates vocational education,has not been able to adapt to the development of vocational education since it was enacted in 1996,and is once again included in the legislative plan in 2017.The essential reason for reviewing the urgently awaiting amendment of Vocational Education Law in our country is that the guiding ideology of legislation is lagging behind.The guiding ideology of legislation of vocational education has undergone the transformation from "utilitarianism" to "administering education by law" to "rejuvenating the country with science and education".Now that the legislation of vocational education has entered a new stage,"right-based" should be the principle of legislation,and the purpose of protecting citizens' rights to education in vocational education is to be enacted.The legislation of vocational education not only cultivates the people who create social wealth,but also cultivates the professional ability of laborers.It should also pay attention to the spread of knowledge and establish the legislation principle of vocational education with "right-based" as the core.This article is based on the equality,the right of freedom and the social rights of citizen's "right to education".For analyzing and solving our country's vocational education legislation is lack of constitution,the legal system lacks "legal responsibility",content is abstract and the local legislation lacks specialized education legislation and other issues.At the same time,the legislation of vocational education should be based on the legislative guideline of protecting the right to education of citizens,to perfect the system of "Vocational Education Law" in terms of form and to encourage the society to participate in the operation of vocational education and enhance the guarantee conditions of vocational education.This article consists of five parts:The first part is introduction.Mainly include the source and significance of topics,literature review and research methods and innovation.The second part is the retrospect and review of the guiding ideology of vocational education legislation.By analyzing the status quo of legislation on vocational education at the central and local levels in our country,we can reproduce the development context of the guiding ideology of vocational education from "utilitarianism" to "administering education by law" to "guiding the development of our country through science and education".The guiding ideology of "utilitarianism" to the guiding ideology of vocational education in our country runs counter to the socialist concept of the rule of law in our country.The guiding principle of "governing the law according to law" and "rejuvenating the country through science and education" has a strong "instrumentality".The third part is to take the "right-based" as the orientation of the legislative principle of vocational education.Through the constitutional stipulation on citizens' right to education and the theoretical basis of the right to education,this article makes a theoretical interpretation of the "right-based".Combined with the recognition of "right-based" and international practice and the application of "right-based" in foreign vocational education legislation,it is proved that the legislation of vocational education in China should be based on legislation.The fourth part is to establish the theoretical explanation of the legislative principle based on the right to education.From the perspective of the constitution,expounds the theoretical basis of the right to education,and from the three dimensions of the equality of right to education,the attribute of freedom and the right of social right,the problems such as the inequality of vocational education in reality,the non-free running of vocational education and the lack of attractiveness of private vocational education analysis.The fifth part is to improve the specific recommendations of Chinese vocational education legislation.From the perfection of "vocational education law" system;Legislation should encourage the participation of society in the running of vocational education and legislation should enhance the development of vocational education to improve the conditions of several proposed improvements to vocational education legislation specific recommendations.