A, expression and silence

Rights norms is the basic norm of constitution, constitution is the realization of their own value target. China constitution for the education funds regulation guarantees the right to education, from the development of the late Qing Dynasty to the period of the Beijing government with the China constitutional process gradually germination; the period of Nanjing national government, its content tends to be rich, the Constitution for the government responsibility in the education finance has restricted more and more strict; this trend is growing, the establishment of the new Chinese until the.

In the late Qing Dynasty, the western political and legal thoughts into China, constitutional movement and the law revision is ushering in a new era of China's political and legal system, but the Constitution does not do any definition of the right to education. 1912 promulgated the "provisional constitution of the Republic of China", in all sorts of regulations of the people's rights are not listed in the right to education. 1913 years of "Tiantan constitution draft" only stipulates people have the primary education compulsory, in 1914 May announced the "Republic of China Constitution" does not set the education clause.

In twentieth Century 20, on two important draft constitution brewing, education funding norms gradually become visible, but did not enter the formal constitutional document. 1923 years of the "constitution of the Republic of China" is China history the first constitution, in the formulation of the constitution, is ready to take the education funds into the system specification. In 1922 December 1 day, the constitution drafting committee member of the third issues on whether to set up education in the constitution of the problems were discussed, and appointed Sun Runyu, Wang Xinrun, Wang Yongbin, Shen Junru drafted to education especially, reference the society petition draft special education. 1923 year in April, the drafting committee to the general assembly a draft chapter education. The draft about education funds include: (1) in compulsory education school year exemption from tuition fees, textbooks and school supplies by the school. (2) national education and local funding for the full burden of expenditures, should be in accordance with the educational needs and financial situation clearly defined. (3) national and local should establish special fund for outstanding students to study, to be funded, so that it was above the moderate. All of these have been read by two conference, but because the house rush into the constitution, not on education for special disposal. Therefore, released in 1923 10 months of the constitution of the Republic of China in the case, only the "Republic of China People's legal obligation" by the elementary education terms.

Another more important constitutional text, is 12 months of 1925 during the Duan Qirui administration by the state constitution Drafting Committee to make "constitution of the Republic of China" the draft, the draft additional education special. The draft law on education funding: national compulsory education shall be exempt from charges; national and local education funds by administrative fees in full two tenths of a minimum, a school education fund, industry and academic awards by state and local public property appropriation, shall not be used for other purposes. Compared with the draft of the constitution of 1923 year, the draft constitution text 1925 delete provided by school textbooks and other content, but the specific provisions of the government should bear the financial responsibility. Due to the constitutional procedure, the Constitution by the National Congress for consideration and adoption, but always failed to hold a national conference, the draft also failed to become the formal constitution.

The Nanjing national government was founded, there has obvious difference in education funding provisions of the two constitution. The first part is 10 months of 1930 the Central Party headquarters in Taiyuan through the enlarged meeting of the "Republic of China Constitution", also called "Taiyuan constitution". On education funding requirements quite worthy of attention, is the main content: basic education do not charge tuition fees, according to the finance and the people's economic status, when gradually so that by the basic education and children books and school fees and charges by the supply; primary school teachers should provide its service life and safeguard the national and local security education; independent funds; national law to specify the inherent large tax for basic education. Compared to the draft constitution [ 1] "Taiyuan constitution" and the 1925, increased the security of national basic education rights and teachers' rights. The other is 1931 year in May by Jiang Jieshi, the convening of the third session of the first plenary session of the central temporarily in Nanjing when the "Republic of China Constitution" the period of political tutelage. The constitution set the special provisions in the national education, education funding central and local should be wide to raise funds necessary to guarantee its education, independently funds, and set many educational incentive clauses. The constitution of the fourth meeting of the draft national conference modified by. The bill only "security education funds independent of the content of Taiyuan constitution", not clearly defined the responsibility of the government funding of education. [2 ] (P. 47)

In 1936 May 5 day, Nanjing national government announced the "Republic of China constitution draft", namely "five five down", in China constitutional history set the education clause rich content. It sets up a 8 clause of the basic education system, which has the problem of 5 terms involving education funds. The constitution of education funds are as follows: (1) education funding for the minimum in the central budget total fifteen percent provinces and cities, in the total budget of thirty percent, is the education according to the law of independent foundation, and shall. (2) the basic adult and children's education are exempt from. (3) education area. The Treasury grant provisions poor provinces of education funds; National University set up considering area needs, maintain the area people enjoy equal opportunity for higher education, promote the balanced development of the national culture. (4) setting numerous awards and subsidies. [3] (P. 64) 1947 years, the Nanjing government promulgated "the constitution of the Republic of China", basically be reiterated the "five five down" on education content, just in the central province, county education funding for adjusted expenditure proportion. The provisions of article 164 : funding education, science, culture in the central budget, shall not be less than the total of fifteen percent, in the province of not less than the total budget of twenty-five percent, in the cities and counties shall not be less than the total budget of thirty-five percent. [4 ] (P. 70)

After the people's Republic of China, the provisions of the state constitution only responsibility in education, the government suspended specific duties in educational finance. The 1954 Constitution the provisions of article 94 : citizens of the people's Republic of China have the right to education; the state set up and expand the various schools and other cultural and educational institutions, to ensure that the citizens to enjoy this right. The 1982 promulgation of the "people's Republic of China Constitution" and the amendments promulgated, to maintain the status quo in education funding. [5 ] China constitution of educational funds definition has gone through a scratch, from ambiguity to the long process. In this process, education funding constitutional content by concern basic education equality to the regions affected by the development of the equal opportunity of the higher education, the development of basic education to the children of adult education; the Constitution for the government to protect the responsibility for education is to enlarge gradually; the government's education fiscal responsibility is more and more specific, the education scale, management and expenditure items are defined, the "limited government" goals become more accurate. These educational provision, that Chinese constitution affected by "strict rule doctrine", namely the pursuit of strict rules to limit the power of government, the unified legal ideal constitution and social reality. [6] this strict rules in modern constitution is most evident.

Two, the temple and quack

Strict rules set in the Constitution guarantees the right to education of fine as juding image of the highest power seems to be misfits, what forces dominate the education standard ups and downs in the Constitution? scholar He Weidong thinks that the China constitutionalism is top-down, rather than bottom-up, China constitutionalism with considerable elite implementation. [7 ] in fact, change of modern education funds regulation actually shows the conflict and the benefit of various forces of the dispute, reflects the complex relationship between rivers and temple Chinese society in the constitution.

Modern education as a relatively independent social force development, education as the education benefit the deepest feelings of the group, has always been a stabilizing force to make the constitution reflect their will. 1913 years, the constitution drafting committee drafting the "constitution of the Republic of China case", namely the Tiantan draft. In second as Minister of education Fan Yuanlian proposed in 1913, compulsory education as stipulated in the constitution. [8] (P. 4151) in November 30, 1914, the Beijing Education Association of popular education and Datong to petition the government, requesting compulsory education will be included in the constitution. 1916 Li Yuanhong as president of the Republic of China, re convened is Yuan Shikai dissolved Parliament, the constitutional convention. Beijing education will petition Congress, also sent a letter to the Senate, house of Representatives, the petition for compulsory education will be included in the constitution.

In twentieth Century 20, the national education association started to pay attention to the Constitution and the education problem. 1922 , from the national education, national industrial and commercial circles federation of eight groups in the Huang Yanpei initiated the "China is held meeting", "National Convention drafted draft constitution", the ninth chapter is "education and livelihood" provisions of national, province education funds shall not be less than the minimum annual expenditures of each Province 30 %. The meeting reflected the capitalists and the education sector approach to education funding, but did not fully reflect the educational requirements. 1920 years, the association of National Education Committee put forward "education funding independent case" sixth annual meeting, education funding should be accounted for the province's administrative fees of 40 %. China is provided the basis of constitutional movement after the meeting of the draft for the. [9] (P. 713) 8 months of 1922, the national education in Ji'nan province will be held jointly adopted at the eighth session of the two resolutions: "quasi please advise Congress will education a into the constitution, as a special case" and "to ask Congress for education funds into the constitution. In 1922 10 month, Beijing higher normal school faculty composed by President Li Jianxun as the representative of the "constitution of the Republic of China draft amendment petition mission", present a petition to the house of Representatives, the education special to be included in the constitution. 1925 year in August 22nd, the society held its fourth annual meeting, annual meeting, Cha Liangzhao and Li Jianxun respectively proposed should set the education chapter in the constitution of the proposal, a total of 24 educator suggested the constitution set up education special. Cha Liangzhao put forward the internal develop educational special draft constitution, should provide six kinds of educational matters, including: education funding of independent, equal opportunity of education principle; the compulsory education stage are exempt from tuition, textbooks and school supplies are provided by the school; the provisions of the government and provincial education accounts for a minimum number of annual expenditures full etc.. Li Jianxun's proposal: should set the Central Education Fund, the central education funds, the central education special tax, three of the total, the central education funding shall account for the central government expenditure and 20 % , proposed by the society sent representatives to Beijing to petition. The society merged the two proposal, the education chapter consists of President Tao Xingzhi, Yu Jiaju, Zhang Pengchun, Wang Boqiu, Cha Liangzhao and five and Deputy Drafting Committee, formed "should develop education for special case" 10 constitution; and decided by the society sent people in Beijing, in order to facilitate the matter.

In 1931 (the period of Nanjing national government), Tai Shuangqiu, Cheng Qibao, Wang Shulin launched a 2 884 of Panax ginseng and the constitution draft national education chapter on the signature campaign, and comments in writing to the Secretary at the national conference. This opinion, the education opportunity equality, national schools, the tuition is free, and ensure funding for education. These great in strength and impetus of the movement, is the establishment of education funds and paved the way in the constitution. 1932 years, the Kuomintang held the four plenary session to discuss preparations for the constitutional problem; 1933 6 month, the draft constitution draft with individual name in the newspaper publicity, education circles have attached great importance to, Chang Daozhi and other scholars have expounded the constitutional views on education. After the victory of Anti Japanese War, 1946 constitution, Hu Shi and Zhu Jingnong 204 people to the National Congress submitted the education and culture should be classified as the special bill.

Continuous problems of constitutional regulation education modern education detonated the fuse, asked the government to face the financial responsibility in the education of. Modern education is not the stragglers and disbanded soldiers arena, but are connected into a state outside of the organization to the opposite as the "Temple" of the country, to compete with the national phase, fight for their rights. In modern China relative concentration of political power of strict education funds, but also relative resolution of constitutional norms. In ruling a firm grasp of political power, education funding specification relatively weak constitution and society; once in the turbulent times, political pluralism and will make these norms back into the text of the constitution. This is particularly evident in the performance of 20 century after 30 time.

The Nanjing national government period, due to the political onto the track, setting up the system of internal checks and balances, use the constitution to stabilize and control the educational finance, become the norm education funding system initiatives. The initial stage of Nanjing national government, Nanjing due to various reasons not to make laws, and the government has taken its rival parties banner. Wang Jingwei's "reorganization clique", thanks to the "Xishan conference faction" combined with local military groups, held an enlarged meeting of the Central Party headquarters. 1930 years 10 months, the headquarters of the Kuomintang enlarged meeting in Taiyuan through the "Republic of China Constitution". The Taiyuan constitution painted a beautiful blueprint, but this is not the reorganization group, Nishiyama conference faction and local military groups than in Nanjing is more concerned about the education finance, but because Nanjing has established a national regime, the ruling position; and Taiyuan in the formulation of the constitution, has been in crisis, policymakers there is no guarantee of constitution implementation condition, also need not assume corresponding responsibility. However, once the ruling group chaired the constitutional activities, strict rules that relax. 1931 years 5 months, Jiang Jieshi held the third session of the first provisional session in Nanjing, through the "Republic of China about" the period of political tutelage. This is Jiang Jieshi force seized up court president Hu Hanmin, in his introduction under the auspices of the constitution, the constitution of reduced government funding responsibility in education. In 1936 5 month 5 day, the Nanjing national government announced the "Republic of China constitution draft". This is achieved in an unprecedented national crisis, Sun Ke was appointed as the president of the Legislative Yuan and the non mainstream positive action in the context of results. The Constitution also can be regarded as one of the Chinese Kuomintang held its Fifth National Congress, the Central Committee of the number present at the meeting broke every record, is considered "more enhance party unity". 1936 constitution for the government responsibility in the education finance on the detailed. The Communist Party of China as non ruling party, specified in 1934 years "outline of China Soviet republic constitution", in the scope of the revolutionary war license, should begin to apply the totally free compulsory education; in the years 1946 "constitution" in the Shaanxi Gansu Ningxia border region, the free provision of national education and higher education.

After 1949, although the implementation of the free higher education in practice, but the education outlay terms related to the constitution text has vanished. [10] (P. 87, p. 95)

Modern education organizations and opposition political forces outside the arena as a temple, for the political core constitute a kind of balance of power, promote modern education norm in constitutional text; the core of political power will take the initiative to accept and consider from rivers and lakes group requirements in distress situation also. Transformation of the role of rivers and lakes and the temple and the balance of forces around the modern Chinese education funding specification appears in various constitutional text in the shade, the objective requirements from democracy and authority assignment, common dominates the ups and downs of education funds specification.

Three, the ideal and the reality

Chinese constitutional changes to the education fund regulation, from the political level reflect the social structure in a variety of power change and conflict of interest and other factors. In fact, guaranteeing the right to education is a universal appeal for everyone to agree, China modern constitutional disputes on educational funds regulation, from the deep reflection of security of right to education between reality and ideal conflict dilemma.

Modern education norm into constitution revealed the tool rationality. In the numerous factors influencing Chinese modern constitutionalism, the educational circles and the constitution Drafting Committee and attitudes have a direct impact on education funding constitutionalism, they discussed that Chinese the Constitution for the purpose and significance of education funds regulation to some extent. The intention has two main aspects: on the one hand, the state education and the increasingly close relationship, in order to safeguard the people's education rights must be content in education funding. Fan Yuanlian thinks, Chinese family prevails, think their children to private homes, but not for the country's children, the national education shall be prescribed in the constitution. The constitution Drafting Committee Wang Yongbin proposed, the constitution has evolved from "order" to solve the problem and then solve the problem of "life", and "knowledge" to solve the problem of trend. The constitution is the declaration of the rights of the peoples, and "equal" knowledge are equal opportunity opportunity center of all life. In order to create equal opportunities for education, must pay attention to the expansion of the. He must be made clear the education expenditure expenditure number into full, clear provisions shall not reduce the transfer and education; education funding into a number of settings can not be based on financial situation, and must be based on the need of education. [11 ] (P. 467) on the other hand, can promote the development of education China constitution. Fan Yuanlian thinks, China education required by local autonomous force, but China autonomous ability is low, raising funds for education is neglected. Because of the common law limited effectiveness, constitutional law can increase the effect, promote the development of national education. Wang Yongbin thinks, the constitutional education to meet the needs of the country. Sha Yankai further developed this view, pointing out that China's financial disorder, half to embezzle, national tax by soldiers erosion, China's "non specified on the revenue follows law under specified funds directly appropriated by collection agencies, the lifeblood of vibration and lack of vertical free permanent difficult" ] ([12 P. 65).

People holding the Constitution guarantees the right to education is just the streamers, is also a kind of conflict resolution tools.The fine modern Chinese constitution education fund regulation is more than in the developed countries. Such as 1874 , the Swiss Federal Constitution only provided for the implementation of elementary education in public schools may not charge. 1919 provides only the national primary school and completed the German school teaching and education activities completely free; federal and state and the autonomous region, should be prepared to public funds in the budget, too poor in secondary and higher schools to sponsor. The constitution of Japan in the 1946 year compulsory education for free education. Compared with other countries, education funding standard modern Chinese constitution showed local features.

Factors of the authority of the Constitution in a written constitution decided behind the modern constitution, the provisions of the education goal is a great challenge for the China modern society. It established the evaluation of education financial standards and goals to a certain extent, so that people can fight for the education rights in the legal range. Role of the performance requirements to the constitutional act as the mother law finishing education legislation. 1934 years, often straight from two aspects on the amendment of the constitution of the national education special comments: on the one hand, education is people should enjoy the most basic rights, such as education, government indifference, not fully set its own should education setting, real as negative against the rights of people's education the, was rejected in the educational opportunities "murdered people", as the law also promised "to the state for compensation". Otherwise, the country to the other rights of the people, which is really the guarantee, and the people's fundamental rights, but lacking, be illogical ! On the other hand, the change and conflict "primary school law. The provisions of the constitution of basic education are exempt from tuition fees, "law" provisions of primary school as local circumstances discretion charge tuition fees, according to all the law and the constitution conflict that should be invalid principle, nature should be abolished primary school fees. The role of [13 ] two expression is putting pressure on the government budget for education activities, in order to make the education funding requirements to the constitution. As of the 1948 national educational budget amounted to 10.8% , Ministry of education thought then gradually add, will be up to the standard. [14] (p. 50) Unfortunately, the establishment of the modern constitutional goal is a great challenge for China society. Such as the "five five down" provisions, education funding for the minimum in the central budget total 15 %, in the provinces and counties for 30% of the total budget. In fact, in 1933 and 1934 the central education funds is not more than 5 % in the budget, the provincial education funding for provincial budget the national average is 12.4, the county education funding for the county budget, the national average is 38%. [15] (P. 4)
The constitution norm and fact control, can be found, the more senior government, unconstitutional in education funding. The more serious the degree. Therefore, 1936 China education warned: if the provisions of the Constitution be ignore, the result will be "forced the people of the whole country as the constitution as the function of hair" [16] . Education funding specification tries to bridge the gap between ideal and reality, but the norms and the reality gap is exposed to a strict rule doctrine of constitutional rule of pain, and mercilessly show the Constitution does not represent the constitutionalism.

To sum up, the modern China began to establish the legal framework in the constitution as the core, to regulate the contradictions and conflicts between different interest groups; in the meantime, the spending on education is becoming more and more detailed specification order. The educational circles and the opposition political forces have advanced under certain conditions the construction of education standard, want to achieve "as a tool to target limited government"; this process demonstrates that the rights of citizens against government power, by constitutional restrictions and regulations of government power to guarantee teaching constitutional essence of education development. However, the authority of the constitution must be guaranteed by the political power, China Constitution Education Fund established norm although so that people can be in the right and self-confident for education funds, but still can not evade contradictions and the reality of constitution; as a tool of the ideal type, these specifications are not ill fated, ruling as the governing tool. The difficulties and contradictions, that China through constitutional guarantees the right to education course only in and political disputes to mature, in reality and get beyond the wound. [Author: Shang Li Hao Zhejiang University School of education]

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