关键词: 应当, 学前教育法, 学前儿童权利, 国家义务, 全社会义务

Abstract:

The Preschool Education Law distinguishes itself from preschool education policies through its legal “normativity.” Understanding this “normativity” is the logical starting point for interpreting and comprehending the Preschool Education Law. Normativity refers to the behavioral models established by law that “ought to” be universally adhered to. It addresses how the law establishes these “ought-to” behavioral models and the justification for why these models “ought to” be followed.The Preschool Education Law contains 99 instances of the term “ought to,” primarily used to guide obligatory behavioral models. These obligations, which vary in strength, are imposed on the state and society at large, forming a content framework centered on the rights of preschool children and the corresponding obligations of the state and society. The justification for state obligations arises from the state’s duty to realize fundamental rights. Meanwhile, the obligations of society at large derive from the identity-based responsibilities of social actors and the ethical principles of modern responsibility. The state is required to continuously fulfill its obligation to ensure financial support and regulate the management of preschool education to guarantee the realization of preschool children’s rights.Within “society at large,” entities such as kindergartens, families, and other social actors are expected to fulfill preschool education obligations based on their respective social roles. This collective effort aims to foster a community of shared responsibility that promotes the development of preschool education through the synergy of multiple stakeholders.

Key words: ought to, Preschool Education Law, rights of preschool children, state obligations, societal obligations