教师职业道德法治化路径探索:基于衡平法治观的分析

The Way to Strengthen the Professional Ethics Training of Teachers under the Perspective of Equitable Rule of Law

  • 摘要: 立德树人具有根本性。在全面推进依法治国、加快推进依法治教的背景下,以法治手段规训强化教育领域的教师职业道德尤为紧迫。但在目前的理论和实践中,其遭遇了方法论和本体论的双重困境,体现为决策者和监管者研究视角的分野、道德和法律两类标准与机制的区分不足两大问题。为突破传统研究局限,可在衡平法治观指导下对推进教师职业道德规训强化的两类方法路径进行合理的调和、对道德和法律两类治理机制的作用方向进行倾向性的安排。具体而言,规训强化方法论上坚持“法律—规范”互动、“权利—秩序”共生、“引导—惩戒—保障”闭环、多元规制主体共治模式;规训强化本体论上对道德价值、行为规范、禁令规则三类要素作合理安排,形成面向思想、行为、禁令和职业保障四个向度的制度规范体系,从而在坚持守正创新理念的前提下积极探索教师职业道德法治化建设的合理路径。

     

    Abstract: Fostering virtue and nurturing a new generation of capable young people is fundamental. Against the backdrop of comprehensively promoting the rule of law and accelerating the rule of law in education, it is particularly urgent to use legal means to regulate and strengthen the professional ethics of teachers in the field of education. However, in current theory and practice, it has encountered a dual dilemma of methodology and ontology, which is reflected in two major problems: the separation of research perspectives between “managers” and “regulators”, and the insufficient differentiation of standards and mechanisms between morality and law. To break through the limitations of traditional research, it is possible to reasonably reconcile the two methods and paths of promoting the strengthening of teacher professional ethics regulating under the guidance of the concept of balance and rule of law, and make biased arrangements for the direction of the governance mechanisms of morality and law. Specifically, in terms of methodology, we adhere to the “law norm” interaction, “rights order” symbiosis, “guidance punishment protection” closed-loop, and a co-governance model involving multiple regulatory subjects; at the ontological level, a reasonable and optimal arrangement is made for the three elements of moral values, behavioral norms, and prohibitive rules, forming a system of institutional norms oriented towards four dimensions: ideology, behavior, prohibitions, and occupational protection. Actively exploring a reasonable path for the legal construction of teacher professional ethics while adhering to the principles of originality and innovation.

     

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