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A Study on the Frailties and Judicialisation of Education Laws in Chinese Legal Tradition

Author: XieMingHui
Tutor: WangGang
School: East China Normal University
Course: Educational Economy and Management
Keywords: Weak education law Chinese law tradition Non-judicial Education Act Judicialization
CLC: D922.16
Type: Master's thesis
Year: 2006
Downloads: 175
Quote: 0
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Abstract


The education law is weak . The education law is weak and does not match the actual legislative system is not enough coordination due to conflict of laws legal legislation abstract and idealized caused the fair citizens of the right to education can not be guaranteed , the government to act as a legal functions of education policy , education law majesty suspicion Education Act thereby affecting the legislative process of the education law to form a vicious cycle , and the resulting low enforceability of non-judicial tendency . Education Act legislation late perfect professional education law system has not been formed , and a lot of education is no legal basis for the state in the case . Education Act becomes vacant , the government act on the functions of the Education Act , whereby the characteristics of the Education Act coincide with the \Chinese law tradition , and administration of justice unity , civil and criminal law , regardless of replacing the legal , policy , ethics and morality into the law , the management center orientation , lack of individual citizens based legal thought , lack of legal supervision mechanism , heavy entity does not re- program . Inherited the tradition of the Education Law v. poor ' low , judicial quoted extremely low . Strengthen the education law is necessary to do : to enhance the level of legislative technique , legal experts legislation ; establish a sound legal system , attach importance to the protection of the fundamental rights of citizens ; comprehensive laws cleanup ; establishment of the Constitutional Court , the fundamental rights of citizens v. ; build the litigation of the right to education channels and procedures .

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Culture, education, health management Act
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