On December 18, 2022, the inaugural meeting and the first annual meeting of the Jiangsu Law Society Education Law Research Association, which was organized by the Jiangsu Law Society Education Law Research Association and hosted by Southeast University Law School and Southeast University Human Rights Research Institute, was held in the form of online video conference. The conference was organized by the Ministry of Education, the Central Party School, the Chinese Academy of Social Sciences, the Chinese People's Political Consultative Conference of Jiangsu Province, the Jiangsu Provincial High People's Court, the Jiangsu Provincial People's Procuratorate, the Jiangsu Academy of Social Sciences, the Jiangsu Provincial Law Society, the Jiangsu Provincial Department of Education, the Jiangsu Provincial Department of Justice, the Chinese Society of Education, the Chinese Academy of Educational Sciences, the Nanjing Academy of Social Sciences, Peking University, Renmin University of China, Wuhan University, Zhejiang University, Nanjing University, Southeast University, Hunan University, East China Normal University, Shaanxi Normal University, Hunan Normal University, Nanjing Normal University, China University of Political Science and Law, Beijing Foreign Studies University, Nanjing University of Aeronautics and Astronautics, Soochow University, Hohai University, Anhui University, Guangxi University, Xinjiang University, Northwest University of Political Science and Law, Nanjing University of Technology, Jiangsu Normal University, Changzhou University and other leaders and experts from various units inside and outside the province, University Education Science, College Education Management, Jiangsu Higher Education, Hunan Normal University Journal of Education Science, Law Review, Nanjing Social Science, Law Education Research, Law and Ethics and other journals, as well as Beijing Hengdu (Nanjing) Law Firm, Yingke Law Firm, Jiangsu Jinzhi Technology Co.
The conference was divided into five sessions, including the general meeting of members, opening ceremony, special reports, keynote speeches and closing ceremony.
General Meeting of Members
The first general meeting was chaired by Mr. Mao Huixi, Secretary of the Party Committee of Southeast University Law School.
The main agenda of the first general meeting was to report on the preparatory work by the preparatory group, to vote on the adoption of the constitution, election methods and staff list, and to elect the members of the first council, executive council and the leadership team of the institute.
Finally, the delegates voted to elect the members of the first council and executive council of Jiangsu Education Law Research Association. Professor Gong Xianghe, the executive director of Human Rights Research Institute of Southeast University, was elected as the president, 14 comrades including Wang Chunye were elected as vice presidents, 48 comrades including Wan Chao were elected as executive members, and Chen Daoying was elected as the secretary-general.
After that, the newly elected president, Prof. Gong Xianghe, delivered a speech. President Gong first expressed his heartfelt thanks to all the representatives and said he would actively perform his duties, diligently and faithfully, and strive to build the Jiangsu Law Society Education Law Research Association into a high-level, high-standard, high-level research association. President Gong believes that the report of the 20th Party Congress proposes to comprehensively promote the rule of law in all aspects of national work, while education has a priority position in the construction of various social undertakings and plays a fundamental and groundbreaking role, which requires more institutional protection, especially the need to provide protection by law. Therefore, we need to promote the rule of law in education governance, through the rule of law to enhance the modernization of education governance system and governance capacity. President Gong proposed that Jiangsu, as an educational province, should not only pursue the quantity of education development, but also the quality of education development, and needs to be committed to building a strong education province. To this end, it is necessary to provide adequate institutional protection for the development of education in Jiangsu through the rule of law. Therefore, it is very necessary and urgent to establish the Education Law Research Institute in Jiangsu Province. Finally, President Gong introduced the next work focus of the provincial education law research association: first, continue to make efforts to do a good job in theoretical research of education law. The research association should provide a good academic exchange platform for scholars, strengthen the research team of education jurisprudence, and cultivate talents specializing in education jurisprudence research; it should also serve interdisciplinary cross-research, promote the output of education jurisprudence theoretical research results, explore diversified research methods, highlight the characteristics of Jiangsu education jurisprudence research, and create the label of Jiangsu education jurisprudence research. Secondly, we will actively carry out practical activities on the rule of law in education. The Institute will promote the formation of a high-end academic platform that can cover the Yangtze River Delta region with the integration of industry, academia and research through education rule of law seminars, education law training and legal consulting services, and strive to enhance the influence of the Institute in the country. At the same time, the Institute will also be committed to forming a multi-sector, multi-disciplinary and multi-level practical + expert research team, and provide valuable growth opportunities for young academic and practical talents, so as to promote more high-quality talents to join the in-depth development of the cause of education rule of law in Jiangsu.
Opening Ceremony
The opening ceremony was hosted by Professor Ouyang Benqi, Vice President of Jiangsu Law Society and Dean of Southeast University Law School.
Professor Wu Gang, Member of the Standing Committee of the Party Committee and Executive Vice President of Southeast University, delivered a speech. First of all, President Wu expressed his heartfelt thanks to all the units and leaders who gave great support to this conference, and said that the establishment of the Provincial Education Law Research Association is a great event for the legal and educational circles in Jiangsu Province to implement the spirit of the 20th CPC National Congress, to share the high-quality development of education and to build up the rule of law in education. President Wu then introduced the historical origin and development of Southeast University, Southeast University Law School, Southeast University Human Rights Research Institute and other units and institutions; then, President Wu explained the importance of the rule of law in education, saying that the key to deepening the reform of education system and improving the implementation mechanism of moral education lies in the rule of law in education, and to achieve good law and good governance in education, the task of education law research is arduous and the mission is glorious; President Wu also said that, as the fifth provincial-level President Wu also said that, as the fifth provincial-level education law research association in China, Jiangsu Law Society Education Law Research Association should become the highland of education law research and create Jiangsu's business card of guaranteeing the rule of law for high-quality development of education, based on the important province of education and strong province of education. Finally, President Wu once again congratulated the conference and sent his best wishes to the attending guests.
Comrade Wang Daquan, Deputy Director General of the Department of Policies and Regulations of the Ministry of Education, delivered a speech. On behalf of the Department of Policies and Regulations, Director Wang firstly congratulated the establishment of Jiangsu Law Society Education Law Research Association and said that it reflected the inevitable result and realistic demand of the flourishing development of education rule of law practice and theory in Jiangsu. Director Wang pointed out that, on the one hand, the education legislation research base jointly established by Southeast University and the Policy and Regulation Department of the Ministry of Education has made positive contributions to the promotion of education legislation practice, and the establishment of this research association will further unite the education law research team in Jiangsu Province; on the other hand, the establishment of the research association is also an important initiative for the development of education rule of law in Jiangsu Province in the new era, and the report of the just-concluded 20th Party Congress for the first time will In the report of the 20th Party Congress, which has just been concluded, education, science and technology, talents and the comprehensive rule of law are elaborated as separate parts, highlighting the important status of education rule of law in the new era, while the intersection of the two is education rule of law. The establishment of the Institute is conducive to pooling the wisdom of various parties, deeply implementing the spirit of the 20th Party Congress, and deeply promoting the construction of the education party, so to speak, at the right time. Director Wang also put forward three suggestions for the future development of this research association: first, insist on practice orientation, focus on new issues in education reality; second, focus on systematic research, give full play to the advantages of cross-disciplinary perspective diversification; third, focus on forward-looking research, provide theoretical support for new educational changes.
Comrade Zhou Jiye, Vice Chairman of Jiangsu Provincial Committee of the Chinese People's Political Consultative Conference and President of the Provincial Law Society, delivered a speech. First of all, he congratulated the establishment of the Education Law Society and the election of its leadership team members, and expressed his heartfelt thanks to the hosts, Southeast University Law School, Southeast University Human Rights Research Institute and all those who have supported the work of the provincial law society for a long time. President Zhou pointed out that the report of the 20th Party Congress, from the height of implementing the strategy of revitalizing the country through science and education and strengthening the support of talents for modernization, made special arrangements for providing education to the satisfaction of the people, highlighting the basic, pioneering and overall status of education and manifesting the value of people-centered development of education. The value pursuit of people-centered development of education has pointed the way forward and provided fundamental guidelines for the reform and development of education in the new era. As an emerging interdisciplinary discipline, educational jurisprudence has responded positively to the practice of education rule of law in China in the process of its own independent maturation. The establishment of the Education Law Research Association and the promotion of closer integration between the basic theory of education law and the practice of education rule of law are of great significance, both for the construction of Jiangsu rule of law government and the establishment of Jiangsu education brand. President Zhou put forward three views on the construction of the Education Law Research Association: First, strengthen the political construction, as a fixed star. The leadership of the Party is the fundamental guarantee of running a good education. The first priority of the Education Law Research Association is to speak politics clearly, take the political construction of the Party as the leader, strengthen theoretical armament, run a good education to the satisfaction of the people, and implement the ideological responsibility. To adhere to the people-centered development ideology, from the height of politics, to promote educational equity, the development of quality education to provide theoretical and intellectual support, for the construction of socialist rule of law system with Chinese characteristics, the construction of socialist rule of law state to make due contribution. Second, focus on legal research, play the main theme. Under the background and requirements of the modernization of the rule of law in Chinese style, there are still many hot and difficult issues in the field of education jurisprudence that need to be solved and responded to. In terms of legislation, we should insist on legislation first and focus on the drafting and formulation of lifelong education law, the effective allocation of inclusive preschool education resources, the protection of special children's right to education in integrated education, the legal supervision of out-of-school training institutions, and other education and livelihood issues of high public concern, in addition to the improvement of existing legislation in the fields of compulsory education, higher education, and private education. We will carry out legislative work to protect and promote social justice, promote the process of codifying China's education code, and promote development and guarantee good governance with good laws. In terms of law enforcement, we need to continue to deepen the reform of administrative approval in education, implement the requirements of major administrative decision-making procedures, improve the degree of openness of government information in the education sector, continue to improve the standardization of education administrative law enforcement, and fully protect the legitimate rights and interests of teachers and students in administrative reconsideration, teacher-student appeals and petition cases in accordance with the law. In terms of justice, we should pay attention to the increasing complexity, diversity and professionalism of education disputes, and pay particular attention to the protection of emerging rights in the field of education that are not covered by the scope of court cases in the new era, and conduct research around the effective resolution of education disputes and the supervision of judicial activities, so as to contribute to the promotion of the construction of the rule of law in education. On the popularization of law, we should pay attention to the advantages of experts, distinguish the needs of teachers and students at various stages, and actively carry out activities with characteristics of popularization of law, so as to form a social environment of respecting, learning, abiding by and using the law. Third, to serve the local practice, do a good job think tank. Education Law Research Association should insist on based on local, research local, service local, make good use of resources inside and outside the province, focus on the neck problems in the practice of education law in the province, actively carry out relevant research, provide research results with high quality standard, and form the brand effect of Jiangsu education law. To form the brand effect of Jiangsu education law, to contribute wisdom and strength to run a good education to the satisfaction of the people and to promote the construction of a modern socialist country on the track of the rule of law. Finally, President Zhou wished the conference a complete success and sent his best wishes to all the leaders and experts attending the conference.
Presentation Session
The special report session was co-chaired by Professor Gong Xianghe, President of Jiangsu Education Law Research Association and Executive Director of Southeast University Human Rights Research Institute, and Professor Jiang Jiaqiong, Editor-in-Chief of University Education Science and Research Institute of Education Science of Hunan University.
Professor Zhou Youyong, Dean of the Graduate School of the Central Party School (National School of Administration) and Vice President of the China Administrative Law Research Association, gave a report entitled Building a strong education country comprehensively on the track of rule of law. He pointed out that to promote Chinese-style modernization, we must comprehensively promote the construction of China under the rule of law, and the comprehensive construction of a strong education country cannot be separated from the leading regulation and guarantee of the rule of law, and must be comprehensively promoted on the rule of law track. The report of the 20th Party Congress made a comprehensive plan to accelerate the modernization of education and build a strong education country, emphasizing the need to fully implement the Party's education policy, implement the fundamental task of establishing moral education, and cultivate socialist builders and successors who develop morally, intellectually, physically and aesthetically, and so on. First of all, to implement the fundamental task of moral education, we must strengthen the education of people in all aspects, pay more attention to the use of the rule of law to solve the outstanding problems of teacher morality and teacher style. Secondly, to accelerate the construction of high-quality education system, there must be a good legal system and legal system operating mechanism to give protection, pay more attention to the rule of law thinking and rule of law to promote comprehensive reform in the field of education. Third, we must promote the rule of law in depth, and comprehensively improve the level of governance of various types of schools under the rule of law. To comprehensively promote the rule of law in education and achieve the rule of law in education, we must further strengthen the rule of law in schools, actively promote the legalization of various types of school management, build a modern school system that operates and governs schools autonomously according to the law, and continuously improve the level of rule of law in school governance.
Professor Zhan Zhongle, professor of Peking University School of Law and vice president of the Chinese Administrative Law Research Association, gave a report entitled A few major issues that should be noted in the study of education law. He pointed out that the object of adjustment of education law is education or educational relations, but the scope of adjustment should be clearly defined based on the internal and external distinction theory of education. The interaction and tension between the two research paradigms of legislative policy theory and legal hermeneutics in education law research should be explored in the future. The study of the disciplinary position of educational jurisprudence should be based on the criteria of the traditional classification of jurisprudence, but should pay more attention to its realistic needs. Finally, Professor Zhan emphasized that the attention to core concepts is an important issue in the construction of the disciplinary system of educational jurisprudence.
Prof. Cheng Yanlei, member of the Standing Committee of the Party Committee and Vice President of Anhui University and Vice President of Anhui Law Society, made a report entitled The Interface of National Laws and Party Regulations in Education. She pointed out that it is necessary to pay attention to the articulation of national laws and party regulations in the field of education at this stage, which is not only of great significance to promote the modernization of educational governance, but also an important measure to build Chinese style education modernization. In the process of realizing the convergence, the basic principle of complementarity, mutual promotion and mutual protection should be followed. In the future, in order to realize the convergence, consideration should be given to incorporating the Party's leadership into education laws and regulations, classifying the types of Party regulations in education and converging them to different degrees, and establishing the status of Party regulations in the legal sources of education law.
Professor Shen Suping, vice dean of College of Education and director of Education Legislation Research Base of Renmin University of China, made a report entitled Examination of Judicial Application of Local Education Legislation. She pointed out that we should pay attention to local education legislation and its operation, because it can bring into play local autonomy and promote the modernization of local governance. At present, the judicial application of local education legislation in China still suffers from the overall low frequency of being cited, obvious differences in geographical distribution, relatively concentrated citation provisions and different citation preferences of litigation subjects. In order to effectively enhance the judicial application of local education legislation, the quality of local education legislation should be strengthened, experience should be accumulated through early legislation, and the dissemination and updating of local education legislation should be promoted.
Comrade Zhou Xuping, President of Jiangsu Prosecutors' College and Jiangsu procuratorial business expert, gave a report titled Research on the Construction of a Large Database for Entry Inquiry of Units with Close Contact with Minors. He pointed out that the current practice prohibition system has problems such as unknown responsible departments and data sources, and geographical limitations of judgments and administrative punishment decisions, and that the construction of a nationwide large database for entry inquiries of units with close contact with minors should be explored in accordance with the entry inquiry provisions of the Law on the Protection of Minors and drawing on relevant foreign experience. The construction and management of this large database can be assigned to the procuratorial authorities, with reference to the construction plan of similar databases previously used by the procuratorial authorities, and the scope of the objects and registered information to be entered into the database can be clarified. President Zhou also analyzed and discussed the application of the database and the scope of the prohibition of practice, the time limit and remedy for the registration of the information of those who are enrolled in the database, and the appeal and supervision of those who are enrolled in the database.
Keynote Speech
The first topic of the keynote speech was What can be done: Methodology of Chinese Education Code, which was chaired by Mr. Ma Shuangshang, the director of the editorial department and deputy editor of College Education Management.
Shi Jifei, a doctoral student of Beijing Foreign Studies University School of Law, made a presentation entitled An Examination of the Path of Education Code Codification in a Holistic Perspective instead of Professor Yao Jinju. The presentation focused on four aspects: the overall perspective of the education code, the core contents of the education code, the codification path of the education code, and the issues that need further discussion. She pointed out that the codification of education code is a requirement for modernizing the education governance system and education governance capacity, as well as a realistic guarantee and effective path for realizing education modernization and building a strong education country. The codification of the education code must start from a holistic perspective, scientifically define the theoretical basis and basic scope of education law, and determine the basic framework of the education code on this basis.
Professor Li Hongbo, Director of Education Law Research Center of China University of Political Science and Law and Research Institute of Government by Law, delivered a speech entitled The Dilemma of Education Law Codification and its Way Out. The report was divided into two main aspects: first, the dilemma faced; second, possible ideas for solutions. He pointed out that at the institutional level, the current education legal system still has defects and shortcomings; at the social level, education legislation still faces a series of difficulties and challenges; at the technical level, the impact of the fourth education revolution on the traditional education legal system; at the theoretical level, many fundamental issues are still controversial; at the international level, there are limited experiences to learn from. At the same time, he believes that a steady legislative idea should be established, single line legislation should be improved as soon as possible, educational policy exploration, educational law enforcement and judicial exploration, and meticulous and in-depth theoretical research should be conducted.
Professor Qi Zhanyong from the Department of Education of Shaanxi Normal University gave a speech entitled Why the Vocational Education Law was made based on the Constitution - and the status of the Vocational Education Law in the Education Code System. The report started from four aspects: the positioning of vocational education type determines that vocational education law needs to be enacted according to the Constitution, the cross-border property of vocational education determines that vocational education law needs to be enacted according to the Constitution, the technical nature of vocational education determines that vocational education law needs to be enacted according to the Constitution, and the position of vocational education law in the education code system. He believes that, with the deepening and development of the codification of education law, in order to highlight the uniqueness of vocational education, vocational education law should be made into a separate part in the sub-edition, so as to protect the new situation of education which is connected and intertwined in the field of education.
Ren Haitao, Professor of East China Normal University Law School and Deputy Director of the Research Center for the Protection of Minors in Schools of East China Normal University, made a speech entitled The Systematic Structure of the General Part of the Education Code. He pointed out that the framework structure of the Education Code includes: Introduction: Education jurisprudence as a field jurisprudence; Chapter 1: Systematization of education law as a prerequisite basis for codification; Chapter 2: Realistic needs and realization path of the Education Code; Chapter 3: Structure and content of the General Part of the Education Code; Chapter 4: Structure and content of the Sub-Part of the Education Code; Chapter 5: Overarching relationship of the General Part of the Education Code. In addition, he analyzed the research trend of education codex, pointing out that the search results of education codex as the theme word show that the research on education codification is spurting, but the voices against education codification are always present, and the research on education codex is shifting from macroscopic research to specific research.
Associate Researcher Ma Leijun, Deputy Director of the Institute of Educational Rule of Law and Standards of the Chinese Academy of Education Sciences, made a presentation entitled On the Systematization of Education Codes. The report mainly focused on the background, concept definition, model selection, category boundary, logical choice, and logical choice of systematization of education code, and other issues were elaborated. He also put forward corresponding suggestions: first, the codification of the education code should be promoted in parallel with the current urgent need for individual education legislation in the field of education; second, the idea of following the Civil Code to complete all individual education legislation first and then put together a code is not operable; third, the systematization of the education code should be considered in an integrated manner for both the general and sub-parts, but it also needs to be implemented in steps and phases, so as to complete the general part of the education code and the relatively Fourth, the study of the systematization of the education code must be promoted simultaneously with the study of specific systems; Fifth, the relationship between the education code and other related legislation should be handled well to achieve system convergence and content unity.
Li Xiaohong, Associate Researcher of Jiangsu Academy of Social Sciences, made a speech entitled Prospects for the Codification of Education Law in China. The report mainly focused on the legislative model of education law codification, the general framework of education law codification, the promotion steps of education law codification, the basic principles of education law codification, and the main contents of education law codification. She also pointed out that, judging from the history of institutional construction in China and abroad, it is not impossible for China to promote the codification of education law at a relatively fast pace. It was also pointed out that, judging from the history of institutional construction in China and abroad, it is not infeasible for China to advance the codification of education law at a faster pace.
In the discussion session, Xiao Disheng, deputy editor-in-chief of Jiangsu Higher Education, pointed out that the codification of education law has received wide attention from both theoretical and practical circles since it was put on the agenda, and that the introduction of education law is a long-term process, which still faces many theoretical confusions. The development of an education code also needs to deal with the issues of general and sub-clauses, soft law and hard law, and help promote the codification of education law in terms of theoretical exploration, so as to truly realize the rule of education and schools according to law.
Prof. Xiong Zhanglin, Vice Dean of Southeast University College of Law and Executive Director of Education Legislation Research Base, thought that the first article of this unit examined the codification path of education code from the overall perspective, which is of great research value and significance, but the number of words and the meanings expressed are different, and the article can be further improved. At the same time, he affirmed the theoretical contribution of the second article, but also pointed out that the scheme proposed in the article was not very convincing in terms of feasibility. For the third article, he thinks that the article has important research value in exploring the relationship between vocational education law and the constitution, and points out that the article can be further improved.
The second topic was High-quality Development: New Connotation of the Right to Education, which was hosted by Liu Lun, editor of College Education Management.
Professor Peng Yuwen, President of Wuhan University Institute of Education Science and President of Hubei Education Law and Policy Research Association, made a speech entitled Some thoughts on the research of education law. He believed that the advantages of the education law discipline system lie in its complementary and diversified organizational formations, and the formation of a new education law discipline organization system can meet the interdisciplinary needs of education law. In response to the question of whether the disciplinary pattern of education law research should be multidisciplinary, interdisciplinary or supra-disciplinary, he believes that education law research is still in a scattered state and needs to build a three-dimensional, cross-cutting and multi-disciplinary disciplinary pattern with the help of supra-disciplinary concepts. At the same time, it is necessary to develop the incremental knowledge of educational jurisprudence and enhance the explanatory power of educational jurisprudence to educational practice. Finally, he proposes to make use of the codification to sort out the core issues in the disciplinary construction of educational jurisprudence, try to transcend the traditional disciplinary construction mode, change the methodology, use the supra-disciplinary concepts and paradigms in the theory of transformation of knowledge production mode, and reconstruct the disciplinary growth logic, core concepts and categories, and basic theoretical system of educational jurisprudence.
Professor Gao Zhihong, Dean of College of Humanities and Social Sciences of Nanjing University of Aeronautics and Astronautics, made a speech entitled The public welfare orientation and rule of law guarantee of the reform of private education classification management. He believed that classification management is the key to break the bottleneck of private education development. At present, the reform of private education development has entered the deep water area, the scale of private education is huge, and the system of private education management system has been initially constructed, but it still exposes some problems in social investment, industry ethos and management system. Therefore, he proposed that the classification and management of private education should adhere to the public welfare orientation. In terms of equal protection and supervision of private education, he believes that for-profit private education and non-profit private education have equal funding policies, equal protection of the right to run their own schools, and equal protection of the rights and interests of school teachers and students. As far as supervision is concerned, supervisors should raise their political standing, implement the fundamental task of establishing moral education, and supervise them in terms of establishment and approval, education and teaching, organization, and financial assets. Finally, he proposes that the rule of law guarantee for the public interest orientation of private education classification and management can be realized through legal system innovation to strengthen the public interest of private education, optimize the private education classification and registration system, and refine the private education classification and management system.
Professor Liu Pu, Executive Director of Education Legislation Research Base of Northwestern University of Political Science and Law and Editor of Legal Education Research, gave a speech entitled The Connotation and Right System of the Right to Education in the Era of Smart Education. She proposed the necessity and importance of reconceptualizing education at the levels of international society, changes in society, social advocacy and domestic legislation, and thought that sorting out the changes of several sub-rights under the right to education might provide a little reference for legislation. At the same time, she analyzed the connotation, essential attributes and state of existence of wisdom education, and indicated that wisdom education is a new educational model, a new educational concept and value pursuit distinguished from the traditional educational model. Lastly, she proposes to consider the right system of the right to education in smart education: the subject of the right should be expanded to the non-institutionalized scope beyond compulsory education and non-compulsory education, the right to smart education opportunity or digital access opportunity should be added, the right to education should be expanded, and the right to educational facilities should be clarified. The right to educational conditions should be expanded, and the right to request the creation of educational facilities and the right to success in education should be clarified.
Du Wen, assistant researcher of Nanjing Normal College of Special Education, made a speech entitled Exploring the Construction of Rules to Guarantee the Rule of Law Education for College Students with Disabilities. He proposed that people with disabilities are equal members of the social family and an important force in the adherence to and development of socialism with Chinese characteristics, so it is necessary to construct the rules for guaranteeing the rule of law for college students with disabilities. At the same time, he explained the theoretical basis for the construction of the rule of law guarantee rules for college students with disabilities from several aspects, such as the special protection of legal capacity, the special guarantee of the right to education of college students with disabilities, and the need to achieve the goal of social integration. He believes that the construction of rules for guaranteeing the rule of law for college students with disabilities is plagued by practical difficulties such as the rules for guaranteeing the public curriculum of rule of law education need to be improved, the lack of rules for guaranteeing the rule of law education in the professional study of integrated education, and the lack of rules for guaranteeing the rule of law in practical activities. It is proposed that the rules can be constructed from the aspects of guaranteeing the mechanism of differentiated teaching in public curriculum, improving the special education status of students with disabilities in school statutes, and guaranteeing the participation of students with disabilities in practice activities.
Zhang Yaoyuan, a doctoral student of the Human Rights Research Institute of Southeast University, made a speech entitled On the Changing Value of the Right to Education in the Digital Age. He argued that the connotation of value differs from the perspectives of education and law. In the case of the right to education, the analysis of value should be made from the perspective of the educated person rather than the educator. Among them, the values of freedom and equity are the core values of the right to education. If we look at the history of the change of education model from the perspective of the development of education organization and education technology, the value of the right to education has undergone a change from freedom-based and equity-based to equity-based and freedom-based. However, with the advent of the digital era, the subject status of educated people is gradually established, and they begin to share the educational discourse with those who give education, and the value of the right to education begins to change toward the value of both equity and freedom. Among them, the value of educational fairness is the bottom line of education that should be kept in the digital era, while the value of educational freedom is the call for the development of quality education in the digital era.
In the discussion session, Prof. Wu satellite of Nanjing University Law School thought that the five reporters covered both macro and meso as well as micro issues of education jurisprudence, and the overall was enlightening, relevant, cutting-edge and special in character. Prof. Peng Yuwen talked about his thoughts from the macro level on issues such as the organization and establishment of educational jurisprudence Gao Gongjianming, which is of enlightening significance to the research engaged in educational jurisprudence on issues such as disciplinary pattern and disciplinary form. Prof. Gao Zhihong's report is relevant to reality. Many rule of law issues have emerged in the process of transferring private colleges and universities in these years, and the issue of rule of law in the classification and management of private education is relevant at the present time. Prof. Liu Pu and Dr. Zhang Yaoyuan analyzed the issues such as the connotation of the right to education and the construction of the right system in the smart era and digital era, which are contemporary and cutting-edge. The interviewer also talked about his views on the remedy of the right to education. He believed that the current educational administrative appeals have scope boundaries, and the disciplinary punishments such as demerits and probation are still non-actionable at present, and this remedy issue combined with the present time should be paid attention to.
According to Que Mingkun, Vice President of Wuxi Taihu College and Director of the Institute of Higher Education, the topics of several presenters are multidisciplinary, broad vision and full field characteristics. Professor Peng Yuwen's research is philosophical and ontogenetic, and belongs to meta-research. Prof. Gao Zhihong's research on the theme of private education is of great practical significance. The speakers suggested that some universities in some regions have already realized the five-year transition period, and some universities have extended their choice of for-profit or non-profit, and issues such as land price difference, compensation and incentives for termination of schooling are all considerations in their decision of extension, which should be paid attention to. Professor Liu Pu's focus on the right to education in the era of smart education fully reflects the concept of student-centered research, and the study has an international perspective. Dr. Zhang's reference to the right to education in the digital era, especially mentioning that the value is currently constructed mainly by the giver, is a very profound reference. Assistant Researcher Du Wen's research on the rule of law education for college students with disabilities is fully integrated with the value concept of inclusive education, fully based on real-life problems, and reflects the practical significance of the research.
The third topic was Rule by Law: Institutional Construction of Universities and Degrees, co-chaired by Zhang Shuguang, Director of the Editorial Department of Journal of Education Science of Hunan Normal University, and Professor Xia Jisen, Associate Dean of Changzhou University Shiliang Law School and Executive Editor-in-Chief of Law and Ethics.
Jiang Guohua, Associate Editor-in-Chief of the Law Review and Distinguished Professor of Wuhan University Luojia, delivered a speech entitled Narrative of the Rule of Law in University Procedures. The report started from four aspects: the three key elements of university rule of law construction, the establishment of three basic systems for regulating the legality of major decisions, the improvement of six procedural systems for regulating the legality of major decisions, and the establishment of four systems for guaranteeing the legality of important normative documents. In his opinion, the focus of university rule of law construction lies in ideological construction, institutional construction and organizational construction; the establishment of major decision legality regulation should implement the hearing system, record system and legal audit system; the six major procedural systems of major decision legality regulation should be improved: faculty and students' participation, expert evaluation, risk assessment, collective discussion and decision, legality review and implementation evaluation; the establishment of four major systems for guaranteeing the legality of important normative documents The system of guaranteeing the legality of important normative documents, i.e., the system of expert argument, hearing, legal review and record review.
Associate Professor Fu Chuangyu of the Law School of the Chinese Academy of Social Sciences University delivered a speech entitled The Logic of Power and Basic Relationship of the Change of Degree System. The report was centered on the power base, external relationship, internal relationship and relief relationship of the degree granting power. He pointed out that there are various theories on the power base of degree conferring authority; meanwhile, he sorted out the external relations of degree conferring authority from the perspective of practice, and believed that the intervention of the state in the degree conferring authority of colleges and universities has been decreasing in recent years, and the reason for this is to release the autonomy of colleges and universities; while the internal relations of degree conferring authority show a certain administrative hierarchy in practice, and whether the internal relations share a certain level of power outside the decision of degree evaluation committee. In practice, the internal relationship of degree awarding power has a certain administrative hierarchy, and the internal relationship of degree awarding power needs to be shaped. Finally, he suggested that the internal relationship of degree granting power could be shaped by setting up an internal appeal mechanism with various scope and subjects and widening the scope of administrative reconsideration and administrative litigation.
Yao Rong, associate professor of Institute of Higher Education of East China Normal University, made a speech entitled On the Three-fold Form of State-University Relationship. The presentation was developed in three parts: the tradition of state control model: the internal administrative relationship between the state and universities, the balance of university autonomy and autonomous supervision: the general power relationship between the state and universities, and the rebalancing of state supervision and university autonomy: the partnership relationship between the state and universities. He points out that with the advent of the era of governance, the relationship between the state and universities has gradually changed from the separation of powers in the sense of the rule of law to the accountability of university autonomy in the framework of governance. Finally, he argues that state oversight and university autonomy should be redefined to achieve smarter and more effective state oversight and more accountable university governance.
Zhang Songyun, a doctoral student of the Institute of Human Rights of Southeast University, made a speech entitled The Rule of Law Review of the Blind Review System of Doctoral Dissertations: Realistic Controversies, Legitimacy Study and Optimization Path. By summarizing the normative documents of 42 universities under the construction of first-class universities, she believed that the system of blind examination of doctoral dissertations in China has four representative problems: depriving some students of the right to appeal, limiting the number of dissertations sent for examination, giving too much weight to negative evaluation and lacking the mechanism of recusal of experts. She proposes that the authority and responsibility of the subject should be clarified at the subject level, the thinking and method of rule of law should be implemented at the behavior level, the due process and efficiency should be balanced at the procedure level, and the optimization path of internal and external relief mechanisms should be explored at the relief level.
Ye Jingyi, a master's student of Zhejiang University Guanghua Law School, made a speech entitled Rethinking and Reconstructing the Judicial Review Path of Degree Awarding in Universities. She started from the case of Chai Lijie v. Shanghai University, and discussed the logic of authorization of university degree conferral and pointed out a series of problems related to university degree conferral. She pointed out that the defect of the current general theory of dual attributes is that it is difficult to explain the relationship between the autonomy of universities and the administrative power of the state. In the third part, she points out that the court mainly adopts the dual attribute theory to determine the nature of degree authorization of universities in judicial practice, and discusses in detail the expansion of the logic of degree authorization of universities through judicial precedents, and points out the problems of the court in reviewing the degree authorization. In view of the problems of the judicial review of degree conferral in colleges and universities, she discussed the reconstruction of the path of judicial review of degree conferral, including two kinds of approaches, namely normativism and functionalism. Finally, she points out that the court's over-reliance on authorization logic in the judicial review of degree conferment has led to the expansion of the administrative power of the state, resulting in the overly broad granting of autonomy to universities and intensifying the unequal status between universities and students, and advocates that the way of review of degree conferment should be adjusted to overcome the limitations of the normative approach with the functionalist approach.
In the discussion session, Prof. Zhang Zhiyu, Vice Dean of School of Law and Politics of Nanjing University of Technology, praised Prof. Jiang Guohua's article, which comprehensively incorporated the basic principles and spirit of administrative rule of law into the management of universities, with a rigorous and grand system. Then he reviewed the article of Associate Professor Fu Chuangyu, pointing out that the article delved into the issue of the nature of degree authorization and explored the theoretical basis of degree authorization, which is of great significance to the future revision of degree regulations; and praised the research on comparative law by Associate Professor Yao Rong. Finally, he gave a unique insight on the relationship between state power and university autonomy, pointing out that the relationship between universities and the state is similar to the relationship between the Hong Kong Special Administrative Region and the central government: firstly, the state has the overall control over universities; secondly, universities also enjoy the autonomy granted by the state; finally, the autonomy of universities should be supervised by the education authorities.
Prof. Liu Qichuan, vice dean of Southeast University Law School, thinks that Dr. Zhang Songyun's article is very practical in intention and clear in thought. He also put forward his opinion on the issue of blind examination of doctoral dissertation, that is, the examination of rule of law for blind examination system must be included in the scope of rule of law, but the limit of rule of law intervention should be grasped. At the same time, he expressed his full recognition of Ye Jingyi's theoretical skills, and considered her essay logical and clear, with rigorous linguistic exposition. Finally, he also pointed out the problems of Dr. Zhang Songyun's and Ye Jingyi's articles, and gave corresponding suggestions for improvement.
The fourth topic, Rule of Law in Education: Safeguarding the Rights of Minors, was co-chaired by Wang Bing, Director of the Policy and Regulation Department of the Jiangsu Provincial Department of Education, and Tan Zhiyun, Editor-in-Chief of Nanjing Social Science and Director of the Institute of Cultural Development, Nanjing Academy of Social Sciences.
Professor Chen Peng, Dean of the College of Education of Shaanxi Normal University and Vice Chairman of the Education Policy and Law Research Branch of the China Education Association, gave a speech entitled Special State Public Officials: A New Positioning of the Legal Status of Teachers in Public Primary and Secondary Schools. He argued that the legal status of teachers is the core of teacher legislation, which determines issues such as teachers' rights and obligations, teachers' legal relationship with schools and students, and pointed out the legal dilemma of the legal status of professionals and teacher resource allocation, including the weakening of teachers' rightful allocation and teachers' public duties, the lack of legal source of teachers' qualification system and balanced allocation of teachers, the limited nature of teachers' job system and balanced allocation of teachers, the He also proposes the following four problems: the teacher appointment system and the weakening of the government's authority to manage teachers. In response to the above problems, he put forward the following opinions: first, reestablishing the public nature of the teaching profession; second, reconstructing the legal relationship between teachers and the government and schools; third, reshaping the legitimacy of teachers' educational disciplinary power; fourth, reaffirming the special obligations of teachers; and fifth, rebuilding the material security mechanism for teachers.
Professor Guan Hua from Guangxi University School of Law gave a lecture entitled Is a teacher's license a license for child abuse? --why the Han Xiaohui case verdict was wrong. Based on the 2021 annual news report on teachers' corporal punishment of students, he argued that teachers' corporal punishment of students presented characteristics such as wide geographic distribution, young age of students being corporally punished, diverse means, plural objects, subtle causative factors, heavier injuries, and closed treatment. At the same time, he explained the legal reasons for the prohibition of corporal punishment of students by teachers: in terms of legislation, the Teachers' Law exempts teachers from legal responsibility for corporal punishment of students for the first time, and does not provide for the circumstances under which teachers should be punished severely and the legal responsibility of other teachers who do not stop corporal punishment, nor do the Rules for the Implementation of the Compulsory Education Law provide for legal responsibility for corporal punishment of students that has not yet caused serious consequences In terms of justice, the proportion of teachers sentencing students to corporal punishment is low. The judicial controversy over the application of public security punishment, he believes that there is no conflict between education-related laws and the Public Security Management Punishment Law, and that forcing the two types of laws to be interpreted as a relationship between special law and general law is an act of the court to pass a verdict and exceed its authority.
Associate Professor Liu Yaohui from Southeast University Law School gave a speech entitled On the Normalization of the Application of the Court's Family Education Guidance Order. Associate Professor Liu Yaohui proposed that after the implementation of the Law on the Promotion of Family Education, courts around the world have actively applied family education guidance orders to protect the legitimate rights and interests of minors in a dynamic manner, but there are problems of non-uniformity in the application name, form and implementation mechanism, as well as the generalization of the substantive application that deflates the legal application conditions and confuses the function of the system, which dissipates the value of the family education guidance order system. The construction of unified and standardized norms for the application of family education guidance orders should be based on a comprehensive examination of the functional positioning of family education guidance orders, the judicial law restrictions of judicial activism, and the principle of subsidiarity for the maximum judicial protection of children's interests. The former serves to unify the form of the family education guidance order, and the latter ensures that its substance is effective.
Wei Chuanzhi, a member of the prosecution committee of Sihong County Procuratorate and director of the third department, made a speech entitled Discussion on the improvement of the mechanism of protecting the rights of minors under the perspective of procuratorship. He argued that the procuratorate should explore the judicial path of protecting minors' rights in terms of constructing a mechanism for protecting minors' rights, cracking down on crimes committed by adults in society, and actively participating in the comprehensive management of preventing minors' crimes, and analyzed the dilemma faced by China in the judicial protection of minors. By comparing with foreign legislation, he proposes legislative suggestions such as improving the mechanism for handling cases without prosecution of minors and improving the content of unconditional non-prosecution investigation, and emphasizes that juvenile crimes should be prevented from all aspects of the case handling authority, family, school and society. In addition, in view of the influence of some unhealthy factors on minors, schools and families should guide minors to establish a correct outlook on life, values and worldview and enhance their awareness of compliance with the law.
Lu Wei, an executive of Nanjing Xuanwu District People's Court, made a speech entitled The Current Situation of the Application of the <Family Education Promotion Law> and the Regurgitation of Legislative Improvement. Through analyzing 37 adjudication documents, he proposed the concept of discourse in the process of litigation and explained the four logics behind it: facts directly related to the litigation request, facts related to mitigating the responsibility of one party's fault, facts unrelated to the litigation request but drawing special attention to them, and facts unrelated to the grounds of the decision but with special emphasis on persuasion and persuasion. At the same time, he introduced the specific functions of the Family Education Law in judicial adjudication, mainly the three functions of service description, establishing the boundary of rights and obligations, and serving as the basis for adjudication, and argued that the Family Education Law has many advocative norms but little operability, and lacks the litigation system and procedural arrangement dovetailing with it, thus leading to the low enthusiasm of invoking the Family Education Law in judicial practice. In response to the above problems, he put forward the following legislative proposals: first, introduce preamble setting; second, complementary revision of the civil procedure law and promotion of bridging enforcement law; third, clarify the behavior pattern and legal consequences.
Li Wen, director of the Education and Campus Safety Law Committee of PCG Law Firm and director of the Education Rule of Law Research Center of Dandelion Think Tank, gave a speech entitled School Strategies for Prevention and Response to Student Injury Accidents. He analyzed the responsibility of schools in student injury accidents, starting from the liability provisions of the Civil Code for schools and other public places, and extracted the core concept of performing educational management duties in accordance with the law, which is used to determine whether schools have fulfilled their obligations for student security. To this end, he proposed three strategies: first, to establish a list of key responsibilities of schools, including education and teaching activities, daily management of students and school protection of minors; second, to do a good job of legal risk assessment, including risk research and risk evaluation; and third, to improve the institutional system for performing educational management duties.
In the discussion session, Zhao Yi, professor of Wang Jian Law School of Soochow University, focused on the analysis of the last three articles in the practice category. First of all, he thought that Wei Chuanzhi's paper was very serious, but the topic was a bit ambitious from the perspective of the paper, and the conclusion that schools should be the main channel for solving juvenile crimes was questionable, because it might put too much extra pressure on schools. Secondly, he thinks that Judge Lu Wei has conducted a very detailed empirical study, and he also agrees with the view that the Family Education Promotion Law can be used as a reason and basis for adjudication, but in view of the future revision of the Civil Procedure Law and other procedural laws, it is necessary to argue from an interpretive perspective so that the Family Education Promotion Law can be applied. Finally, he thinks that there are some questionable points in Li Wen's article, such as the exclusion of college students from the classification of the age of responsibility of minors, the inadequacy of the relevant provisions of the Civil Code, and the poor logic of the final conclusion.
Professor Li Ke of Xinjiang University Law School focused on the first three papers. He thought that Prof. Chen Peng's paper gave a thorough explanation of the identity of university teachers in China, but it is necessary to further prove its direction and historical background, and pay attention to the relationship between identity and professional behavior and the use of case studies. For Prof. Guan Hua's paper, he thought that it would be better to use economic methods to argue, and there were still problems with the formatting of some parts of the paper; for Prof. Liu Yaohui's paper, he thought that the title needed to be simplified, and the wording of the abstract needed attention, and the awareness of the problem was not prominent enough.
Closing Ceremony
The closing ceremony was chaired by Professor Wang Lusheng, Director of Social Science Division and Law School of Southeast University.
First of all, Li Jian, Executive Vice President of Jiangsu Jinzhi Technology Co., Ltd. and part-time supervisor of Wuhan University, announced the list of award-winning conference papers. Among them, 5 people including Wang Qi won the first prize, 15 people including Yin Ting won the second prize, 20 people including Yu Yifan won the third prize, and 30 people including Yu Xiaoyi won the excellent prize.
Finally, Professor Wang Chunye, Vice Dean of the Law School of Hohai University, made a concluding speech on the seminar. Dean Wang firstly reviewed the first stage of the conference, the establishment of Jiangsu Law Society Education Law Research Association, and congratulated the establishment of the research association. He thought that the establishment of the research association means that from now on, we have our own special institution to pay attention to and study the issues in the field of education rule of law in Jiangsu province. As President Gong Xianghe said, the research association will provide a good academic exchange platform for experts and scholars from various schools, research institutions and practical departments in Jiangsu Province. President Wang then reviewed the second phase of the conference, the academic symposium phase. He believed that the conference reflected four characteristics, such as high specification, large scale, rich content and wide influence. The high specification means that relevant senior leaders and academic gurus have come to guide the conference; the large scale means that the number of participants and the number of people concerned have far exceeded the scope of a province; the rich content means that the seminar is full of innovative ideas, and the presentation of various academic ideas is dazzling; the wide influence means that the conference has not only experts from Jiangsu, but also scholars from all over the country, which has a great and positive impact on the whole country. The impact of the conference was wide. At the end of his concluding remarks, President Wang expressed his deep gratitude to all the leaders, experts, and students and teachers behind the scenes of the conference.
At this point, the conference was successfully concluded.
It is reported that Jiangsu Law Society Education Law Research Association is the sixth secondary research association of the provincial law society led by Southeast University Law School. The previous five are: Jiangsu Law Society Legislative Research Society, Jiangsu Law Society Engineering Law Research Society, Jiangsu Law Society Hong Kong, Macao and Taiwan Law Research Society, Jiangsu Law Society Criminology Research Society, Jiangsu Law Society Big Data and Artificial Intelligence Law Society.