Experts Participate In Educational Legislation——A Case Study On The Guidelines For The Prevention And Control Of Campus Bullying (Draft) In Taiwan

Since the 1990s,expert legislation has been widely used as a legislative technical route.With the advancement of the process of legislation democratization,the Chinese legislature begins to invite experts to participate in legislation as a third party neutral group that guarantee the neutrality,professionalism and democracy of legislation becoming more and more important.After nearly 40 years of practice in Taiwan,the participation of experts in education legislation has begun to take shape in quantity,become the prototype of the system from the content and legislative form of law,and has formed its own characteristics.Experts from the Mainland started their education legislation a little later and have achieved some success.But there are still many areas for improvement.So it is a great significance for mainland China to study the participation of experts from Taiwan in educational legislation.This research mainly uses the three methods of case analysis,policy discourse analysis and depth interview,and select the Representative Education Act that named School Bullying Prevention Criteria(Draft)to analyze the process of Taiwanese experts participating in educational legislation and the factors influencing the participation of experts in educational legislation.The following conclusions are drawn from the in-depth study of expert participation in the planning and recording of meetings in the drafting process.First,the interests of experts and neutrality constitute the basis of the participation of education legislation,the experts as a third party to weigh the interests of all parties to participate in education legislation to ensure the neutrality of education legislation.Second,scientific suggestion of the experts promote the education legislation conforms to the social expectation.The experts provide the most operable opinion for the education legislation according to the professional legislative practice experience and the knowledge level,which has demonstrated the education legislation profession.Thirdly,experts participate in the cooperation with the public to guide education legislation towards democracy.The legal appeals of experts and the general public in the formulation of education law are fully expressed,which essentially reflects the democracy of education legislation.So the author puts forward some suggestion to improve the way that experts participate in education legislation.To begin with,clarifying the legal status of expert education legislation and making experts participate in the legislation of education from the system level.Moreover,we should improve the relevant supporting system for expert education legislation.Experts and the legislature,the public work together on education legislation.If the relevant supporting system can be improved,it will help experts play their role better.Last but not least,enhancing the construction of safeguard system of expert education legislation,and jointly safeguarding the economic basis for the participation of experts in education legislation and enhancing the enthusiasm for the participation of experts in education legislation from the two levels of material support and spiritual reward.Therefore,the experience of Taiwan experts participating in educational legislation deserves our critical absorption and reference on the basis of the concrete facts.