Formulating and promulgating the implementation outline is an important measure for the Ministry of Education to implement the spirit of the 18th CPC National Congress and the Outline of the National Medium-and Long-Term Education Reform and Development Plan (20 10-2020). Running schools at all levels and types according to law is an inevitable requirement for implementing the basic strategy of governing the country according to law in the field of education, and it is also the only way to establish a modern school system of running schools according to law, independent management, democratic supervision and social participation, and to build a new relationship among the government, schools and society. The "Implementation Outline" is divided into nine aspects, which comprehensively covers the objectives, requirements and main tasks of promoting the construction of the rule of law in schools at all levels, and puts forward systematic requirements for schools to change their management concepts, means and methods in accordance with the spirit and principles of the rule of law. It is a landmark document, which has great practical and far-reaching historical significance for promoting the reform of school administrative management system and internal governance mechanism in China.
The fundamental purpose of the "Implementation Outline" is to urge schools at all levels to deeply understand the importance and urgency of running schools according to law, and to clearly promote the ideas, measures and key points of running schools according to law; Actively promote the practice of running schools according to law, accelerate the formation of a new pattern of government running schools according to law, schools running schools according to law, independent management, teachers teaching according to law, and social support running schools according to law, so that the rule of law becomes the basic way of government running schools and internal governance of schools.
2. How to understand how to comprehensively promote the rule of law?
As early as 1999, the Ministry of Education put forward the requirement of running schools according to law. In 2003, the Ministry of Education issued "Several Opinions on Strengthening the Work of Running Schools according to Law". According to the existing practice and the new situation, the "Implementation Outline" puts forward new requirements: First, comprehensive deployment. The "Implementation Outline" has grasped the core elements in running schools and management, put forward general requirements for schools of all levels and types, and comprehensively promoted them. The second is to comprehensively expound the connotation and requirements. According to the development of practice, the "Implementation Outline" comprehensively expounds the connotation, significance and guiding ideology of running a school according to law, and systematically puts forward the overall requirements and specific measures. The third is to comprehensively promote implementation. The "Implementation Outline" puts forward specific work requirements and objectives and tasks for school management from seven aspects: improving the system of independent management of running schools according to law, improving the internal governance structure of schools, standardizing the behavior of running schools according to law, improving the mechanism of school rights relief and dispute resolution, creating a cultural atmosphere of school rule by law, improving the evaluation mechanism of running schools according to law, and transforming government functions, and puts the overall improvement of the ability and level of running schools according to law on the agenda of education departments and schools. The fourth is to fully mobilize all forces. The "Implementation Outline" clarifies the position, responsibility, rights and obligations of the government, the internal subjects of the school and the society in promoting the rule of law, and constructs a pattern of extensive participation and common promotion.
3. What requirements does the "Implementation Outline" put forward for the internal system construction of schools?
The "Implementation Outline" emphasizes that schools should take the construction of articles of association as the core and earnestly promote the system construction of independent management of running schools according to law. The "Implementation Outline" makes it clear that the articles of association of the school should focus on standardizing the internal governance institutions and power operation rules of the school and become the basic basis for running a school according to law; The education department is required to establish and improve the examination and approval mechanism of the charter, and the situation of one school and one charter will be fully formed by 20 15. At the same time, schools are required to continuously improve the quality of system construction from both procedural and substantive aspects. All important rules and regulations involving the rights and interests of teachers and students should follow the democratic and open procedures, improve the channels for teachers and students to participate, and solicit opinions from stakeholders. The contents of school rules and regulations shall conform to the principles of the rule of law such as legal reservation, fairness and justice, and shall not illegally set obligations for teachers and students, such as arbitrarily setting fines. The "Implementation Outline" also requires the establishment of a mechanism for reviewing and cleaning up school normative documents. Specialized agencies will review and regularly clean up the school rules and regulations in accordance with the law and the school charter to ensure the legality, appropriateness, coordination and unity of the school system.
4. What requirements does the implementation outline put forward for the improvement of school governance structure?
It is the key to comprehensively promote the rule of law to improve the internal governance institutions of schools and ensure the standardized exercise and effective supervision of school power according to law. The "Implementation Outline" requires that schools should first improve the scientific and democratic decision-making mechanism and realize scientific, democratic and rule-based decision-making. Institutions of higher learning, primary and secondary schools, vocational schools, private schools and Chinese-foreign cooperatively-run schools should, on the basis of strengthening and improving the Party's leadership over schools, improve the decision-making mechanism according to their respective characteristics, establish corresponding risk assessment mechanisms for major decisions, and improve the system of making decisions public and evaluating the implementation effect. At the same time, it is necessary to improve the decision-making implementation and supervision mechanism, and form a governance structure in which decision-making power, execution power and supervision power are mutually restricted and coordinated. Secondly, the school should take teaching and scientific research as the core, explore and improve the management system, overcome the realistic administrative tendency, realize the relative separation of academic power and administrative power, and ensure that academic power is exercised relatively independently according to academic laws. Third, improve the democratic management and supervision mechanism of schools. The "Implementation Outline" emphasizes that schools should expand orderly participation, strengthen deliberation and consultation, improve grassroots democratic system, and effectively protect teachers and students' right to know, participate, express and supervise through organizations such as faculty congresses and student unions. Fourth, improve the mechanism of social participation and actively expand the channels and ways of social participation in running schools and management.
5. Why should the parent committee system be regarded as an important part of running schools according to law in primary and secondary schools?
Establishing parent committee system in primary and secondary schools is not only an important way to promote cooperation and communication between home and school, but also an important mechanism to ensure parents' effective participation in school management, increase the scientific and democratic nature of school management and decision-making, and improve school governance institutions. The "Implementation Outline" comprehensively stipulates the functions, formation methods and the relationship between schools and parent committees in primary and secondary schools, especially stipulates that parent committees should have the right to speak or even make decisions on some matters involving students' interests. Schools are required to improve the system and provide conditions to ensure that parent committees play a greater role in school governance.
6. What requirements does the "Implementation Outline" put forward for schools to run schools independently according to law?
Teaching and educating people is the core function and foundation of the school. Running a school according to law, implementing the dominant position of teachers and students, and forming a free, equal, just and legal education environment are the foothold and concrete embodiment of the school's promotion of running a school according to law. The "Implementation Outline" puts forward comprehensive requirements for schools to run schools according to law from several aspects, such as organizing and implementing school-running activities, building an equal campus environment, safeguarding the rights of students and teachers, improving the guarantee and supervision mechanism of academic freedom, and promoting the disclosure of information and affairs. The basic rules for the school to implement management behavior according to law in enrollment, teaching, evaluation and other activities are clarified. It is required to resolutely put an end to teachers' acts of violating legal obligations and state regulations and using specific powers to seek improper interests. Emphasis should be placed on vigorously promoting the awareness of campus equality and paying attention to respecting and protecting the rights of students and teachers. It is required to comprehensively strengthen the disclosure of school information and work, establish convenient and effective information communication channels, and disclose information that the society, teachers and students are concerned about, so that teachers and students can get timely feedback on the school.
7. Why does the implementation outline propose to build an equal campus environment?
Building an equal campus is the direct requirement and concentrated embodiment of implementing the concept of educational equity and equal rights. In practice, some schools formulate policies or rules and regulations in the process of running schools, management and enrollment, which intentionally or unintentionally violates the principle of equal rights and even constitutes discrimination. Therefore, the "Implementation Outline" starts with the establishment of the concept of equality, requires equal treatment of all students as the core, clarifies that schools should implement and embody equality between teachers and students, equality between managers and teachers, gender equality and ethnic equality in systems and mechanisms, and eliminate any illegal and unreasonable classification and differential treatment, with special emphasis on ensuring the equal right to education for disabled people as an important part of running schools according to law and building an equal campus.
8. Why should the protection of academic freedom be regarded as the content of running a school according to law?
Teachers and students are the main bodies of the school, and it is an important content of the school's autonomy to protect the research, study and academic freedom of teachers and students. At the same time, academic freedom also needs to be exercised within the statutory limits. The current academic anomie is directly related to the lack of corresponding supervision mechanism. Therefore, the "Implementation Outline" puts forward requirements for the system and mechanism of academic management from two aspects: guarantee and supervision, requiring schools to establish fair and just academic evaluation standards and procedures, improve and perfect the procedures and methods for identifying violations of academic norms and academic ethics, and form a good academic atmosphere.
9. What are the requirements of the "Implementation Outline" for improving the internal relief and dispute resolution mechanism in schools?
At present, various contradictions in the field of education are increasingly prominent, and disputes among schools, students and teachers are also on the rise. The traditional management methods of schools are facing challenges. Facing the new situation, the school should improve the right relief and dispute resolution mechanism according to law, and effectively enhance the ability to solve contradictions and disputes in the school reform and development by using the rule of law thinking and legal means. This is not only an important requirement for running a school according to law, but also a necessary condition for maintaining a harmonious and stable campus environment. The "Implementation Outline" requires schools to establish and smooth dispute resolution channels according to law, especially to establish a teacher's appeal or mediation system, standardize the student's appeal system, implement the principle of due process, and actively use hearings to ensure the openness and fairness of the handling procedures. In view of the enormous pressure and complicated situation faced by the current school safety, the implementation outline emphasizes that it is necessary to improve the campus safety management and emergency response mechanism, properly handle disputes caused by safety accidents, actively build a school safety risk management system with the help of government departments, social forces and professional organizations, explore the establishment of a mediation system for student injury accidents, and build a safe and harmonious campus through legal means.
10. Why should we strengthen the construction of the cultural atmosphere of the rule of law in schools?
It is the foundation to comprehensively promote running schools according to law, strengthen legal publicity and education, and enhance the awareness of principals, teachers and students to learn, respect and abide by the law. The "Implementation Outline" further emphasizes the important role of school legal education, and puts forward requirements for school administrators, teachers and students respectively. School administrators are required to take the lead in enhancing their awareness of the rule of law, form the habit of doing things according to law, and improve their ability to solve problems by using the rule of law. Before school leaders take office, the education department should examine their legal knowledge and the concept of running schools according to law in an appropriate way; It is required to incorporate legal education into the whole process of teachers' entry, on-the-job training and performance of duties, and comprehensively improve teachers' awareness and ability of teaching according to law. At the same time, it is necessary to strengthen and improve students' legal education, carry out "law into the classroom" activities, and regard the rule of law culture as an important content of campus culture construction.
1 1. What specific measures will the education department take to improve the ability and level of running schools according to law?
Improving the ability and level of running a school according to law requires institutional guarantee. The implementation outline provides specific measures from two aspects: organizational work mechanism and assessment and evaluation mechanism. The school is required to incorporate the rule of law into the overall work plan of the school and report it as a special content of the annual work. It is emphasized that the school should have specialized agencies or full-time staff to be responsible for legal affairs, and legal advisers can be hired to assist the school in handling legal affairs if conditions permit. Schools must evaluate and demonstrate their legitimacy when they introduce relevant management measures, sign contracts and implement reform plans. The "Implementation Outline" requires that the education department should pay more attention to the role of comprehensive evaluation of running schools according to law in the evaluation and assessment of running schools and management, and reduce interference in specific school-running and management activities. We should regard running schools according to law as an important index to evaluate school leaders, innovate the evaluation mechanism, and listen to the opinions of teachers, students and the public.
12. What are the requirements of the Implementation Outline for transforming government functions?
Transforming government functions is the key to comprehensively promoting running schools according to law. The "Implementation Outline" puts forward two requirements: First, effectively change the school's administrative management mode, focusing on supervising and providing services according to law, reducing excessive and detailed direct management, actively coordinating relevant departments to solve legal problems for schools, and creating a good external environment for school reform and development. The second is to establish and improve the supervision and guidance mechanism for running schools according to law. The education department should actively explore the establishment of educational administrative law enforcement system and mechanism, improve law enforcement ability, correct school violations according to law, establish an accountability mechanism for public schools and their responsible persons, improve the complaint mechanism for illegal school running, reform and improve the administrative supervision mechanism, and realize the rule of law.
13. What measures and requirements does the Ministry of Education have in the near future to comprehensively promote running schools according to law?
Recently, the Ministry of Education will formulate a specific evaluation index system for running schools according to law according to the implementation outline, clarify the code of conduct for running schools according to law in primary and secondary schools and institutions of higher learning, and guide all localities to carry out in-depth activities to establish model schools running schools according to law. In accordance with the principle of classified guidance, we will promote the institutionalization and standardization of the activities of establishing model schools, focus on popularizing some typical experiences, and promote the overall improvement of the level of running schools according to law at all levels and types.
Local education administrative departments and schools at all levels should understand the great significance of comprehensively promoting the rule of law from a new height. In accordance with the requirements of the "Implementation Outline", comprehensively promoting the administration of schools according to law is regarded as a core work to promote the reform of school management system and build a modern school system, and it is earnestly implemented.