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从微观上看,教育公平体现为受教育权的三个子权利的公平;从宏观上看,教育公平则体现为社会群体在教育资源竞争中的公平。就我国教育法制现状而言,需要建立教育公平立法的多元导向机制。在基础教育中,教育公平以机会公平为价值追求,立法应坚持严格平等原则;在基础后学历教育中,教育公平以程序公平为价值追求,立法原则以必要差别原则为指导;在非学历教育中,教育公平以结果公平为价值追求,立法应坚持弱势补偿原则。
From the microscopic point of view, education fairness shows the fairness of the three sub-rights of the right to education. From a macroscopic point of view, education fairness is reflected in the fairness of social groups in the competition of educational resources. As far as the status quo of our country’s education legal system is concerned, we need to establish a multi-orientation mechanism for fair education legislation. In basic education, education fairness takes the fairness of opportunity as the pursuit of value. The legislation should adhere to the principle of strict equality. In basic post-qualification education, education fairness takes the fairness of the procedure as the value pursuit. The principle of legislation is guided by the principle of necessary difference. In non-diploma education, In the fairness of education as the pursuit of fair value, the legislation should insist on the principle of underprivileged compensation.