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就世界范围内而言,义务教育公立学校本身只是一种手段,其设置目的经历了从实现国家教育权到保障受教育权的演变。我国的义务教育制度从发达国家移植而来,义务教育公立学校的设置目的也经历了从实现国家教育权到保障受教育权的演变。在保障受教育权成为义务教育公立学校的设置目的之后,公民实现受教育权的多样化需求客观上要求义务教育公立学校的特色发展。虽然经过了将近30年的“简政放权”改革,但是我国义务教育公立学校与政府之间的科层关系仍然比较明显,这种状况制约着义务教育公立学校的特色发展。为了实现特色发展,义务教育公立学校应该获得自治地位,被赋予公法人资格。
As far as the world is concerned, compulsory education in public schools is only a means in itself. Its purpose is to go through the evolution from realizing the state education right to guaranteeing the right to education. The system of compulsory education in our country has been transplanted from developed countries. The purpose of setting up compulsory education public schools has also gone through the evolution from realization of the right to education of the state to guarantee of the right to education. After guaranteeing the right to education becomes the setting purpose of the public school of compulsory education, the diversified needs of citizens to realize the right to receive education objectively demand the special development of compulsory education in public schools. Although after nearly 30 years of reform of “decentralization and decentralization”, the relationship between the public schools and the government of compulsory education in our country is still quite obvious. This situation restricts the development of public schools with compulsory education. In order to realize the characteristic development, the public school of compulsory education should obtain the autonomy and be qualified as the public legal person.