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01 October 2024, Volume 42 Issue 10 Previous Issue    Next Issue

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The Evolution and Orientation of Discourse, Systems, and Research Methods in the Education Law Kaisheng Lao, Weiyan Lv, Xuanhao Ma 2024, 42 (10):  1-12.  doi: 10.16382/j.cnki.1000-5560.2024.10.001 Abstract ( 176 )   HTML ( 46 )   PDF (1440KB) ( 170 )   Save The driving force of discipline evolution does not simply exist within the discipline but also depends on the change in the external social environment. The interaction between society and law has created a series of new legal relations across the fields of public and private law. How to prevent education management from being exclusively governed by the standards of public law, and how to establish a discipline system that takes into account the characteristics of public and private law have become a challenge that the development of education law has to face. After the meta-theoretical study of education law, it is no longer limited to the traditional administrative law department and has begun to have the nature of cross-border from the discourse, systems to the research methods, which accumulates sufficient possibilities for creating new disciplinary forms. Therefore, the development of this discipline should be based on the reasonable integration of the achievements of Chinese and Western pedagogy, legal science, and other related disciplines, summarizing and refining educational practice experience, and interpreting and innovating the discourse, system, and research methodology of education law from the knowledge level. Figures and Tables | References | Related Articles | Metrics

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The Dual Approach to Educational Law Research Ruofan Yu, Suping Shen 2024, 42 (10):  13-22.  doi: 10.16382/j.cnki.1000-5560.2024.10.002 Abstract ( 93 )   HTML ( 10 )   PDF (784KB) ( 97 )   Save There are two distinct orientations in the educational law research at the methodological level, with one viewing educational law as a “model” and the other as a “guarantee”. The conflict between the two orientations is a challenge that the discipline of education law has to face in order to mature and systematize. The two ideal types of normativism and functionalism proposed by Martin Locklin are introduced as analytical conceptual tools to construct the two orientations of educational law research into normativism and functionalism in the sense of public law. The functionalist approach to the educational law research emphasizes the instrumental attributes of educational law in educational governance and the effective achievement of the goals and tasks assigned to educational law. This approach originates from the legislative activities in education since the reform and opening-up, and is also influenced by the education research orientation, which focuses on the legislative theory, regulatory theory, and comparative law research in terms of research content. The normative approach to educational law research emphasizes the independence of the educational law system and the primacy of individual rights, attaches importance to the control and adjudication functions of educational law, and takes “controlling public power and safeguarding private rights” as the core proposition. This approach is not only based on the deepening of the practice of the rule of law in education, but also influenced by the study of jurisprudence, in the content of the study on the “rule of law”, and the study of legislation. The dual path of educational law research needs a solid “spindle” connection in order to better serve the construction of disciplinary community. Constructing the disciplinary knowledge system of educational law also can not avoid the existence of normative-functionalist dichotomy. A researcher who has mastered the methodology of legal doctrine and who understands the reality of education is able to participate in the process of “translation”, which makes possible interaction and understanding within the community of researchers in educational law. References | Related Articles | Metrics

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Enhancing Pedagogical Consciousness in the Study of Educational Law Jinsong Hu, Chong Fan 2024, 42 (10):  23-39.  doi: 10.16382/j.cnki.1000-5560.2024.10.003 Abstract ( 95 )   HTML ( 19 )   PDF (812KB) ( 65 )   Save The interdisciplinary nature of educational law demands the avoidance of singular disciplinary thinking. Pedagogy not only aids in interpreting legal practices within education but also guides legal practices related to education and helps uncover the patterns of educational law. Pedagogy holds a unique value in the study of educational law. Pedagogical propositions serve as the theoretical premise for research in educational law, and pedagogical thinking influences the research paradigms of educational law, while the intersection of pedagogy and law determines the disciplinary attributes of educational law. To guide the study of educational law with conscious pedagogy, there should be a focus on enhancing pedagogy's guidance on the functional research of educational law, the study of behavioral norms for subjects in educational legal relationships, research on how educational law safeguards and promotes innovation in education, and the interrelationship between educational moral standards and legal norms. References | Related Articles | Metrics

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Reflection and Transcendence of the Research Paradigm of Educational Law in the Background of Codification Hailong Cai 2024, 42 (10):  40-51.  doi: 10.16382/j.cnki.1000-5560.2024.10.004 Abstract ( 85 )   HTML ( 11 )   PDF (652KB) ( 60 )   Save The establishment of research methods is related to the discipline construction and development of educational law, and plays an important supporting role in the compilation of educational code. The codification of the educational code puts forward the requirements for the research methods of educational law from two aspects of form and substance. Through the analysis of the evolution of the paradigm of educational law research in China, it can be found that educational law research is affected by the law research methods on the whole. There are mainly three different research methods: legislative law research, legal doctrine research and social science law research. These different types of research methods have their own utility and advantages for the compilation of educational codes, but at the same time there are some problems to be improved. In order to better support and serve the codification of the educational code, researches on educational law should be reconstructed on the basis of analysis and criticism of the above research methods. Its main path and direction lie in that it should take the basic position of basing itself on the practice of the rule of law in education in China, take the innovation of the knowledge system of educational law as the main goal, and strive to strengthen and improve the application of different research methods. Also, it's important to promote the organic integration of normative research and empirical research in order to enhance the explanatory power of educational law research. References | Related Articles | Metrics

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Reconstruction of High-quality Primary School Teacher Education System in the New Era: For Children’s Holistic Development Xudong Zhu, Xiaowei Kang, Lanzi Huang 2024, 42 (10):  52-59.  doi: 10.16382/j.cnki.1000-5560.2024.10.005 Abstract ( 216 )   HTML ( 25 )   PDF (616KB) ( 136 )   Save The high-quality primary school teacher education system in the new era aims to achieve a balance between the supply and demand of primary school teacher education, and ultimately promote the all-round development of children. The high-quality primary school teacher education system is one kind of scientific and professional education, one methodology to think about the operation law of primary school teacher education activities generally, and one organic unity of “body” and “department” and their mutual relations. Problems of China’s primary school teacher education system in the new era include the inability of the current primary school teacher education system to meet the needs of China’s education strategy in the new era, and the inability to meet the needs of the construction of the teacher education system with Chinese characteristics. This study puts forward the following approaches to developing Chinese high-quality primary school teacher education system: a) building a diversified, multi-type and hierarchical system of specialized primary school teacher training institutions according to local conditions; b) improving the enrollment quality of normal university students, and ensure the top teacher education system of student quality; c) strengthening the construction of primary school teachers and educators, and provide teacher support for the top primary school teacher education system; d)strengthening discipline construction and reshaping the curriculum construction of primary school teachers education with higher knowledge attribute; e) reconstructing “theory-practice” mutually activated top teaching mode of primary school teacher education; f) through collaborative quality improvement, reconstructing the organizational guarantee mechanism of top primary school teacher education system. References | Related Articles | Metrics

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Teacher Education System Construction in the New Era: Values, Logic and Paths Shijian Chen, Lianqi Chai 2024, 42 (10):  60-68.  doi: 10.16382/j.cnki.1000-5560.2024.10.006 Abstract ( 134 )   HTML ( 21 )   PDF (589KB) ( 139 )   Save High-quality development of education cannot be achieved without a high-quality teaching force, and the teacher education system is at the center of the construction of a high-quality teaching force. In the context of the construction of a strong educational country, the construction of the teacher education system not only contributes to the development of teachers, but also motivates the subject to be self-conscious, and also shapes the Chinese characteristics. Therefore, the construction of teacher education system should follow the value logic of development with Chinese characteristics, the theoretical logic of high-quality teacher training, the institutional logic of teacher education governance and the practical logic of synergistic development of teacher education. In order to effectively promote the construction of the teacher education system, it is necessary to accelerate the policy supply of teacher education system through holistic promotion, deepen the discipline construction of teacher education system through professional support, innovate the mechanism construction of teacher education system through synergistic integration, and promote the institutional construction of teacher education system through developmental guarantee. References | Related Articles | Metrics

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The Identity Construction of Teachers Transition from Unprofessionally Trained Backgrounds: An Analysis Based on Grounded Theory Shouxin Zhu, Tianjun Cheng 2024, 42 (10):  69-82.  doi: 10.16382/j.cnki.1000-5560.2024.10.007 Abstract ( 194 )   HTML ( 19 )   PDF (946KB) ( 205 )   Save After the reform of teachers’ qualification system, a large number of unprofessionally trained teachers (UTTs) have obtained qualifications through taking exams, becoming an important component of China’s teacher workforce. Due to the lack of specialized teacher education and training, transition to teachers means UTTs need to go through a more complex process of identity construction. This study focuses on the identity construction process of UTTs under the background of “career transition”. Through in-depth interviews with 32 UTTs, a conceptual model was constructed by using grounded theory methods. It has shown that the identity crisis of UTTs stems from the disruption of identical continuity—between pre-established identity and perceived identity after transition. The identity construction process of UTTs involves a negative identity cycle of “self negation-self reinforcement”, forming a unique interaction back and forth, which actually is a protective self presentation for identity exploration and negotiation. Work reshaping is crucial for UTTs to complete their career transition, and it is also the main way to construct their teacher identity. UTTs’ understanding and confirmation of teacher identity is typically work-centered, and tend to associate themselves with schools as purely “workers”. Figures and Tables | References | Related Articles | Metrics

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Research on Optimization of Collaborative Training Mechanism for Professional Degree Postgraduates with Demand Orientation: Based on the Perspective of Integration of Education, Technology and Talents Kaijun Wu, Xingyu Zhu, Bingchao Huang 2024, 42 (10):  83-97.  doi: 10.16382/j.cnki.1000-5560.2024.10.008 Abstract ( 106 )   HTML ( 10 )   PDF (949KB) ( 91 )   Save Deepening the reform of the training mechanism of professional degree postgraduates is the core theme of the classified development of graduate education in the new era. From the perspective of the integration of education, science and technology and talents, this study examines the current characteristics and empirical practices of the development of professional degree postgraduate education in China’s big education provinces and strong economic provinces, in order to provide practical experience for high-quality development of professional degree postgraduate education in China. The research finds that the main bottlenecks in the training of professional degree postgraduates are the quality of school-enterprise joint training caused by index assessment and academic orientation; the high cost of industrial enterprises participating in joint training and the mismatch of supply and demand lead to weak motivation, and the lagging setting of professional courses and course teaching content are difficult to keep up with the needs of production practice. Loose coordination of multiple subjects and imperfect governance mechanism make it difficult to support “organized education”. Under the background of classified development, the training of professional degree postgraduates needs to serve the strategic needs of national and regional development, optimize the new mechanism of multi-subject collaboration between government, school, research institute and enterprise, and deepen the reform of classified training with education as the main body. Besides, it's necessary to promote the deep integration of science and education with the support of science and technology, strengthen the orientation of talent ability with talent as the fulcrum, and deepen the integration of industry and education in the region. Also, it's suggested to optimize the multi-subject organizational structure with the guarantee of the system, strengthen the supporting role of the integration of education, science and technology, and talents, and create a new situation of high-quality development of professional degree postgraduate education. Figures and Tables | References | Related Articles | Metrics

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High-quality Development of Higher Education and National Regional Development Strategy Xiao Liu 2024, 42 (10):  98-109.  doi: 10.16382/j.cnki.1000-5560.2024.10.009 Abstract ( 90 )   HTML ( 13 )   PDF (804KB) ( 130 )   Save The implementation of regional development strategies in China has established a national spatial governance framework that combines substantive governance of adminstrative region with virtual governance of function region, which has promoted the restructuring of higher education governance at different scales. In the exploration of cross-administrative region practice, represented by higher education counterpart support, running campuses in other cities, and university town construction, the development of higher education has continuously broken through the administrative division boundaries, constructed a new order in the dimension of spatial governance, and formed a pattern of higher education governance in which administrative regions and functional regions coexist. The governance subjects and their relationships have also changed accordingly. In the future, in order to better integrate the high-quality development of higher education into the national and regional development strategies and improve the ability and level of higher education to serve the national and regional economic and social development, it is necessary to further break through the boundaries of fields and spaces and form cross-administrative governance in higher education. Optimizing the relationship between governance subjects is the foundation for building a cross-administrative region governance system for higher education. The government should use policy opportunities provided by national regional development to explore an optimal path of intergovernmental relationships combining vertical decentralization and horizontal cooperation based on project systems, providing external comprehensive environmental security assurance for cross-administrative region practice of universities. Enterprises should achieve deep integration of industry, university and research through collaborating with universities to establish cross-regional innovation consortia. Figures and Tables | References | Related Articles | Metrics

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School-based Curriculum Development in China 2001-2021: A Landscape from the Perspective of Teachers’Life History Research Yuzhen Xu 2024, 42 (10):  110-126.  doi: 10.16382/j.cnki.1000-5560.2024.10.010 Abstract ( 190 )   HTML ( 27 )   PDF (847KB) ( 181 )   Save School-based curriculum development (SBCD), part of the New Curriculum reform, initiated by the Chinese central government at the turn of the century, has been put into school implementation all around China through top-down educational authorities and curriculum reformists’ theoretical persuasion as well. By reviewing the 20 years of school implementation, the present study presents a “Mosaic” life history picture of 41 teachers’life story about their SBCD practice, illustrating how teachers have had been involved in SBCD and the whole wave of curriculum reform at the very beginning, how they conceptualized and experienced their “Doing”of SBCD, and how/whether or not, they have realized a role change from a traditional passive curriculum implementer to an active curriculum developer. The field-based semi-structured in-depth interview was employed and the ground-theory coding techniques were used for life story collecting and life history analysis. Different from the mainstream documentary macro-historical study, life history research presents a micro-to-meso landscape of lived experience embedded in a historical and social context. It is a narrative truth, although it may not necessarily a historical truth. References | Related Articles | Metrics