Study on the Legal Principles of Educational Supervision and Educational Administrative Law Enforcement

教育督导与教育行政执法的法理研究

Educational supervision and monitoring are commonly adopted forms of educational monitoring in countries around the world and are also an important part of educational management. In 2019, the Chinese government proposed “establishing a collaborative mechanism between educational supervision and educational administrative law enforcement”. Through comparative studies, it is found that the establishment of a collaborative mechanism between educational supervision and educational administrative law enforcement is not applicable to all countries. Due to the differences in national mechanisms, some countries have both educational supervision and educational administrative law enforcement, while others only have educational supervision. To achieve this goal, the author believes that it is necessary to clarify the relationship and legal significance between educational supervision and educational administrative law enforcement first. Therefore, based on grounded theoretical research, this paper clarifies the legal significance of both by analyzing the relevant elements such as the implementation subjects, objects, methods, and bases of educational supervision and educational administrative law enforcement.

教育监督与监测是世界各国普遍采用的教育监测形式，也是教育管理的重要组成部分。2019 年，中国政府提出“构建教育督导与教育行政执法的协同机制”。通过比较研究发现，构建教育督导与教育行政执法的协同机制并不适用于所有国家。因为国家机制的差异，部分国家既有教育督导又有教育行政执法，部分国家只有教育督导。为了实现这一目标，笔者相信首先要明确教育督导和教育行政执法的关系和法理意义。因此，本文以扎根理论研究为基础，通过分析教育督导与教育行政执法的实施主体、对象、方式、依据等相关要素，明确两者的法理意义。