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本文以教育机构“不得以营利为目的”为例,借用韦伯等西方学者的观点,指出了我国现行教育法实效不高和形式理性较低这两个问题。并据此推导出教育法的确定性程度较低,而这又将影响到我国“依法治教”宣言的实现的结论。而解决的途径就在于,对教育法的相关条款进行修改或废止,以提高教育法的形式理性和实效,从而提高其确定性,保证我国“依法治教”的实现。
This paper takes the educational institution “forbidding for profit” as an example, borrows the views of western scholars such as Weber, and points out the two problems that the existing education law in our country is not effective and its formal rationality is low. Based on this, it is deduced that the certainty of the education law is low, which in turn will affect the conclusion of the realization of the declaration of “administering education by law” in our country. The solution is to revise or abolish the relevant provisions of the Education Law so as to enhance the formal rationality and effectiveness of the Education Law so as to enhance its certainty and guarantee the realization of “administering education in accordance with the law” in our country.