当前我国中小学依法治校存在的问题和解决对策研究.pdfVIP

Abstract The essence of goveming schools lies in the law and democracy．Then using the jural logic to analyze the connotation of governing the school by laws：the problems about what kind of laws should we depend on，including the constitution，the law and its gathers constitutions，legitimate laws，regulations，rules and regulations as well as the related policies and school regulations．The elementary and middle schools must depend on the school regulations to have legitimate feasible，the policy they depend on should have legitimate tO be effective and the lower position laws must have not to violate the law in high position．The laws they depend on must be in harmony with the constitution．Including the law there are equity and justice．The methods of law are the essential law and the objective law of the public opinion．The quality of law dependence is according to the democracy,to the public opinion and the rules．About goveming the school，the general staff of teachers and students are the main body but non-govemed objects．Governing by law is different from man governing．This is the basic performance．The essence of“governing”lies in the science and the democracy If not，it cannot be called’’governing“．Governing schools should manage the elementary and middle schools depend upon the science and the democracy．The rich connotation of jural logic inspires people not tO be supposed to govern schools by laws simply Can change into obeying laws．They also will not be supposed to be purely consider goveming schools by laws as the consummation of elementary and middle schools rules and regulations and SO on．They are not the tools and excuses to punish teachers and students legally,Governing the school by laws should prevent the appearance of such kind of paradox：originally the main body in elementary and middle schools are staff ofteachers and students，but finally they actually degenerates into the objects of governing the school by laws．In our country,who have the largest rights to m