当前我国学前教育的发展严重面临资源不足、入园难、入园贵等一系列的问题,尤其是学前教育法的缺失与缺位,导致了学前教育迟迟游离于国家教育体制之外,由此亦造成了幼儿园法人地位的缺失、教师身份的模糊、经费投入缺乏保障等各种困境.从国际趋势和国内现状来看,学前教育立法具有重要意义,而解决我国学前教育法难以制定的困境则尤为关键.其核心在于明确学前教育在国民教育体系及终身教育体系中的作用与地位、坚持学前教育"公益性""普适性""基础性"与"快乐性"原则以及各级政府和教育部门在学前教育中应该承担的职责和义务.对于立法的具体内容则建议加强对于幼儿园办学资格的审批和监管,明确幼儿园教师的入职要求和基本职责,协调好学前教育法与其他教育法的关系等.%At present, the development of preschool education in China is facing a series of problems such as lack of resources, difficulty in admission and high cost of enrollment. In particular, the absence of Preschool Education Law has resulted in the isolation of preschool education from the national education system,which has led to other dilemmas such as the lack of legal entity status for kindergarten, the vague identity of kindergarten teachers, and the lack of funding guarantee. From the perspectives of international trend and domestic situation, preschool education legislation is of great significance, and it is particularly crucial to tackle the existing difficulties in the formulation of Preschool Education Law. It is essential to clarify the role and position of preschool education in the national education system and lifelong education system, to stick to the principles of"commonwealth", "universality", "fundamentality" and "happiness" in preschool education, and to clarify the responsibilities and obligations that administrative authorities in education should assume in preschool education. In terms of the specific content of legislation, the paper puts forward several suggestions, including strengthening the approval and supervision of kindergarten's qualifications, clarifying the entry requirements and basic responsibilities for kindergarten teachers, and coordinating the relationship between Preschool Education Law and other laws and regulations on education.
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