新《职业教育法》背景下产教融合主体权利义务的立法完善

Legislative Improvement of the Rights and Obligations of Entities in Industry-Education Integration in the Context of the New “Vocational Education Law”

摘要: 近年来，我国职业教育产教融合进入法治化发展新阶段，2022年实施的新《职业教育法》首次将产教融合确立为国家法律制度，构建了产教融合主体权利义务的基本框架。但新法实施四年多来，实践中仍存在主体权利义务配置失衡、法律规定可操作性差、责任体系不完善等问题，导致校企合作“校热企冷”现象未能根本解决。与传统校企合作相比，产教融合不仅改变了职业教育的实施模式，还在一定程度上重塑了政府、学校、企业、学生之间的法律关系与权利义务结构。基于此，文章立足产教融合法律实践，阐述新《职业教育法》下产教融合主体法律关系的重构，重点分析权利义务配置失衡、法律责任缺失、配套法规滞后等四个方面的立法缺陷；并提出优化主体权利义务结构、增强法律规范可操作性、完善法律责任体系、健全配套法规制度的立法完善路径，以推动产教融合的规范化、法治化发展。

Abstract: In recent years, the industry-education integration of vocational education in China has entered a new stage of rule-of-law development. The new “Vocational Education Law”, implemented in 2022 for the first time, established industry-education integration as a national legal system and constructed the basic framework of rights and obligations for the subjects of industry-education integration. However, more than four years after the implementation of the new law, there still exist problems in practice, such as the unbalanced allocation of rights and obligations among subjects, poor operability of legal provisions, and an imperfect responsibility system, which have led to the failure to fundamentally solve the phenomenon that “schools are enthusiastic while enterprises are lukewarm” in school-enterprise cooperation. Compared with traditional school-enterprise cooperation, industry-education integration has not only changed the implementation mode of vocational education, but also reshaped the legal relations and the structure of rights and obligations among the government, schools, enterprises, and students to a certain extent. Based on this, this paper, based on the legal practice of industry-education integration, expounds the reconstruction of the legal relations of the subjects of industry-education integration under the new “Vocational Education Law”, focuses on analyzing four aspects of legislative deficiencies including unbalanced allocation of rights and obligations, lack of legal responsibilities and lagging supporting regulations; and puts forward legislative improvement paths such as optimizing the structure of rights and obligations of subjects, enhancing the operability of legal norms, improving the legal responsibility system and perfecting the supporting legal system, so as to promote the standardized and rule-of-law development of industry-education integration.